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GENERAL SAM HOUSTON. 



BRIEF HISTORY 



OF 



TEXAS 

FEOM 

ITS EARLIEST SETTLEMENT. 

TO WHICH IS APPENDED 

THE CONSTITUTION OF THE STATE. 

FOR SCHOOLS. 

BY 

B. W. C. BAKER. 



A. S. BARNES <fe COMPANY, 

NlCT^r YORK ^ISriD CHIC^&O, 

A 



1873, 



Austin, January 4, 18V3. 
Sir: — I have the honor to inform you that the "IIistorv 
OF Texas" written by you was adopted by the Board of 
Education for the use of the Free Schools of this State. 
Very Respectfully, 

J. c. Degress, 

Siipt. Pub. Instruction, State of Texas. 
T). W. C. Baker, Austin, Tex. 



Entered according to Act of Congress, in the year ISTS, by 

A. S. BARNES & CO., 
in the OflSce of the Librarian of Congress at Washington. 










PREFACE. 



In the followiug pages I have endeavored to unite brev- 
ity, comprehensiveness, and simplicity. My object has been 
to give a clear and concise narrative of the most important 
events in the history of Texas. If a knowledge of* the his- 
tory of his own State is of importance to' every citizen there- 
of, and if such knowledge conduces to good and intelligent 
citizenship, by promoting a healthy feeling of State and na- 
tional pride, it is certainly desirable that such a study should 
be incorporated into the early training of our youth. Feel- 
ing assured that this is so, and animated by a hearty desire 
to be of service to the children of my commonwealth, I have 
prepared this little volume, and to them I now affectionately 

dedicate it. 

D. W. C. BAKER. 

Austin, January 1873. 



CONTENTS 



Frontispiece — Sam Houston 



GEOGRAPHY, ETC. 

Area. — Location. — Topography. — Principal Products. — Cattle and 
Horses. — Minerals and Metals. — Mineral Waters. — Principal 
Towns. — Oldest Towns. — Oldest American Towns. — Popula- 
tion. — Climate. — Principal Rivers. — Railroads. — Unappropri- 
ated Domain. — Questions on the Introduction . . . .15 

CHAPTER I. 

Texas. — Its Meaning. — La Salle. — Fate and Character of La Salle. 
No Tribute to him. — Leon's Colony. — Missions. — Second Col- 
ony Abandoned. — Aborigines of Texas. — More about the 
Indians. — Wild Indians. — Indians Called Friendly. — Ques- 
tions on Chapter I. ......... 20 

CHAPTER II. 

Permanent Settlement. — Spanish Missions. — Original Name of 
Texas. — French Claim to Texas. — More of the Missions. — 
Fate of the Missions. — Progress of Texas. — How Governed. — 
Massacre of Missionaries. — Texas and Cohuila. — Practically 
no Government. — France gives up Texas. — Mexico Independ- 
ent. — Eastern Boundary. — Questions on Chapter II. . . 25 

CHAPTER III. 

1750 to 1800.--Number of Indians.— 1800 to 1820.— Parties En- 
gaged in these Projects. — Aaron Burr. — Lieut. Augustus 
Magce. — Gen. J. A. Toledo. — Don Louis Avery. — Dr. James 
Long. — Lafitte. — Little Inducement for Settlement. — Ques- 
tions on Chapter III 28 



Vlll CONTENTS. 

CHAPTER IV. 

PAGE 

American Colonists. — Revolution in Mexico. — Stephen F. Anstin. 
— Moves to Missouri. — Austin's Colonj. — His Character. — 
Death of Austin. — Location of Austin's Colony. — Edwards' 
Colony. — Fredonian War. — Cohuila and Texas. — Blanco's Ad- 
ministration. — Arbitrary Decree. — Outbreaks. — Battle of 
Nacogdoches. — Questions on Chapter IV. . . . .34 

CHAPTER V. 

Council of 1833. — A Memorial. — Commissioners to Mexico. — De- 
tention of Austin. — Imprisonment of Austin. — First C'ourt in 
Texas. — Committees of Safety. — War Impending. — Santa 
Anna. — The Lexington of Texas. — The War Begun. — Austin 
Returns. — Affair at Goliad. — Consultation at San Felipe. — 
Battle of Conception. — Questions on Chapter V. . . .38 

CHAPTER VI. 

Battle of Conception. — The Consultation Meets. — An Executive 
Council. — Provisional Government. — Other Officers. — Declara- 
tion. — Questions on C;hapter VI. 42 

CHAPTER VII. 

Volunteers for Texas. — Gen. Sam Houston. — His Birth and Early 
Life. — Indian Agent. — Other Offices. — Resigns. — Comes to 
Texas. — Privations. — Grass Fight. — Battle of Antonio. — San 
Antonio Taken. — Death of Milam. — Questions on Chapter 
VII 46 

CHAPTER VIII. 

Decisive Measures. — The Alamo. — The Final Assault. — Dreadful 
Encounter. — Result. — Republic of Texas. — Government ad 
Interim. — The Young Republic. — Slaughter at Goliad. — 
King's and Ward's Fights. — Fannin Surrounded. — The 
Texans Surrender. — Perfidy of Santa Anna. — Questions on 
Chapter VIII 50 

CHAPTER IX 

EfTect of Reverses. — Houston's Decision. — The Address. — The 
Retreat. — The Design. — Santa Anna Follows. — In Line of 
Battle. — The Twin Sisters. — Skirmishing. — Battle of San 
Jacinto. — Santa Anna Captured. — Questions on Chapter IX. . 50 



CONTENTS. IX 

CHAPTER X. 

PAGE 

Gen. Houston Wounded. — Interview with Santa Anna. — How to 
Dispose of Santa Anna. — His Return. — Results of the 21st 
April. — First Newspaper in Texas. — Unanimous Declaration 
of Independence. — Questions on Chapter X 61 

CHAPTER XI. 

Texas in the U. S. Congress. — A Commissioner to Texas. — A Con- 
stitutional Government. — First Election. — First Congress. — 
Minister to Washington. — Results of the Session. — Questions 
on Chapter XI 74 

CHAPTER XII. 

Mexico still Claims Texas. — What the Indians were Told. — Gen. 
Houston Resigns. — Rusk Appointed to the Cabinet. — Second 
Session of First Congress. — Accommodations at Houston. — 
Independence Acknowledged by United States. — Annexation 
put off. — Border Warfare. — Mexican Privateers. — Texas 
Navy. — Questions on Chapter XII 77 

CHAPTER XIII. 

Financial Troubles. — State of the Treasury. — In Debt to the 
Army. — The Soldiers Furloughed. — How to Raise Money. — 
Treasury Notes. — Panic of 1837. — Indian Wars. — Social and 
Religious. — Churches. — Questions on Chapter XIII. . . 81 

CHAPTER XIV. 

Protestant Denominations. — Sunday Schools. — Land Titles. — 
Spanish Grants. — Mode of Surveying. — The Contract Sealed. 
— Value of Land. — Indian Land Titles. — The Colonial Head 
Right System. — Mexican Method of Head Rights. — American 
System. — Conflict of Title. — Questions on Chapter XIV, . 84 

CHAPTER XV. 

Seat of Government. — Changes. — More Changes. — Archive War. 
— Capital at Houston. — Terms of Office. — Second President. — 
Independence Acknowledged by France. — England, Holland 
and Belgium. — Lamar's Indian Policy. — Minister Extraordi- 
nary. — Questions on Chapter XV 87 

CHAPTER XVI. 
Growth of Texas. — Her Monetary Affairs. — A Pig meddles in For- 



X COXTENTS. 

PAGE 

eign Affairs. — Santa Fe Expedition. — Without Sanction. — Dis- 
astrous Result. — Houston Re-elected. — Houston's Indian Pol- 
icy. — Mexican Invasion. — The Texans Prepare for War. — 
Santa Fe Prisoners Released. — Questions on Chapter XVI. . 91 

CHAPTER XVII. 

Another Invasion. — The Court Captured. — The Invaders Re- 
pulsed. — Mier Expedition. — Unfortunate Result. — Great Dis- 
parity of Numbers. — After Particulars. — The Black Bean. — 
Defensive Measures. — Additional Measures. — Better Pros- 
pects. — The Indians more Peaceful. — Annexation. — England 
and France Object. — Questions on Chapter XVII. . . .94 

CHAPTER XVIII. 

Anson Jones President. — Regulators. — Moderators. — Annexation 
Accomplished. — General Jackson's Congratulation. — Indian 
Treaty. — Questions on Chapter XVIII 98 

CHAPTER XIX. 

Recapitulation — First ; Second ; Third ; Finally. — Convention of 
1845. — Gen. Rusk's Remarks. — Constitution Adopted. — Hen- 
derson's Administration. — War with Mexico. — The Question 
Settled. — Wood's Administration. — 1847 to 1849. — Questions 
on Chapter XIX 101 

CHAPTER XX. 

Bell's Administration. — The Boundary Compromise. — Texas in 
Easy Circumstances. — Indian Affairs. — Public Buildings. — 
J. W. Henderson's Administration. — Colony Claims Settled. — • 
Pease's Administration. — Debt of the Republic Canceled. — 
The Asylums Founded. — Other Public Buildings. — Criminal 
Code. — A Permanent School Fund. — Railroad Act. — Cart 
War. — Indian Reserves. — Important Law in Regard to Wills. 
— Questions on Chapter XX 105 

CHAPTER XXI. 

Runnels' Administration. — Public Buildings. — Sectional Hostili- 
ties. — Election of 1859. — Cortina War. — Disunion in Texas. — 
An Extra Session. — The Governor too Slow. — Questions on 
Chapter XXI 110 



CONTENTS. XI 

CHAPTER XXII. 

PAGE 

A Convention. — The Legislature Convened. — The Governor's Mes- 
sage. — The Legislature Endorses the Convention. — Secession 
Accomplished. — The Southern Confederacy. — Governor Hous- 
ton Declines. — Gov. Houston Retires. — His Memory. — Clark's 
Administration. — Questions on Chapter XXII. . . .119 

CHAPTER XXIII. 

Lubbock's Administration. — Army Supplies. — The Sibbley Expe- 
dition. — Galveston Taken. — Again Occupied. — Galveston Re- 
taken. — Blockade Running. — Paper Money. — Questions on 
Chapter XXIII 123 

CHAPTER XXIV. 

Murrah's Administration. — Manufactures in Texas. — Surrender of 
Texas. — The Interregnum. — The Soldiers Disbanded. — The 
State Treasury Robbed. — Hamilton's Administration. — Eman- 
cipation. — An Amnesty. — Financial Condition. — Cash on 
Hand. — Reconstruction Convention. — Constitution Amended. 
— Election for State Officers. — The Indians Troublesome. — 
Questions on Chapter XXIV 125 

CHAPTER XXV. 

Again Under Military Rule. — Another Convention. — Reynolds in 
Command. — Second Convention. — State Officers. — No Presi- 
dential Election. — Disastrous Floods. — Texas Re-admitted. — 
Questions on Chapter XXV 130 

CHAPTER XXVI. 

Davis' Administration. — State Militia and Police. — Public 
Schools. — Registration. — Homestead Exemption. — Other Ex- 
emptions. — Marital Rights. — Wills. — Limitation Laws. — 
Questions on Chapter XXVI 133 

CHAPTER XXVII. 

The Judiciary. — Courts. — Bureau of Immigration. — Carrying 
Deadly Weapons. — Important Land Law. — Internal Improve- 
ments. — Present Condition of Texas. — Questions on Chapter 
XXVII 137 

The Constitution of the State of Texas , 141 

General Review Questions 177 

Appendix 181 



I'ERIOD I. 

FROM THE DISCOVERY OF TEXAS IN 1685, 

TO 

ITS INDEPENDENCE IN 1836. 



TEXAS 

As a Dependency of Spain and Mexico. 



HISTORY OF TEXAS. 



GEOGRAPHY, Etc. 

Area. — Texas contains about 274,366* square miles of 
territory. 

XiOcation. — Texas is bounded on the north and west by 
the Indian Territory, New Mexico, and Mexico ; and on the 
south and east by the Gulf of Mexico and Louisiana. 

Topography. — Texas is naturally divided into three 
parts, each differing from the other. 

First — The sea-board extending from the Sabine to the 
Rio Grande, and running inland sixty to one hundred miles. 

Second — The uplands, or Middle Texas. This constitutes 
the great part of the State. It is from three to six hundred 
feet above the level of the sea, and is well diversified with 
hills and valleys, prairies and forests. 

Third — The great plains or table-lands stretching away 
to the north-west. These plains are occasionally broken 
with lofty mountains upon the upper waters of the Pecos, 
the Brazos, and Red rivers. 

The first and second of these divisions of Texas cannot 
be excelled for fertility of soil, and scarcely for salubrity of 
climate. 

The third is still the abode of the Indian and the buflJalo. 

* From data obtained at the General Land Office. It is impossible to be exact in 
this particular, but the area of Texas is not far from these figures. 



16 



HISTORY OF TEXAS 



Principal Products. — The chief products of the soil 
in Texas are cotton and the cereals. Sugar and tobacco are 
also raised to a considerable extent. 

Cattle and Horses. — In Western Texas, the raising 
of cattle and horses, for the Northern markets, constitutes a 
very important and lucrative branch of industry. Scores of 
thousands of beef cattle are annually driven from Texas to 
Kansas and Missouri ; and while the mighty prairies con- 
tinue to supply such cheap and abundant pasturage, this 
trade is not likely to diminish. 




•'■\vivitC-r.vk.\ 



^^ii;felK'^ i>^^'''^i^ '"' 



Bkanding Cattle. 



Minerals and Metals. — IJccent examinations have 
proved, beyond a doubt, the fact that Texas is rich in several 
of the most valuable ores. Iron abounds in Eastern Texas, 
and iron, lead, and silver is found in Llano, Burnet, and 



HISTORY OF TEXAS. 17 

Other counties. Copper of a rich quality exists abundantly 
in the north-west, and coal-fields of considerable extent 
have lately been opened. 

IVCineral Waters. — A number of mineral springs pos- 
sessing valuable medicinal properties have long since been 
found in Texas. Among the most noted of these are the 
Sour Lake and wells in Hardin County, and the Sulphur 
Springs in Lampasas County. 

The following is an analysis of the Lampasas Springs, 
made by the author of this book, in 1855 : 

There are two principal springs — Hancock's, or the 
Great Boiling Spring, and Burleson's, or the Lower Spring. 

The former contains in one wine-pint : sulphuretted hy- 
drogen, 2^ cubic inches ; carbonic acid, amount undeter- 
mined ; common salt, 7 grains ; carbonate of lime, 2 grains ; 
carbonate of magnesia, 1 grain. The latter, or Burleson's, 
contains in one wine-pint : sulphuretted hydrogen, 4 cubic 
inches ; carbonic acid, amount undetermined ; common salt, 
32 grains ; carbonate of lime, 3 grains ; carbonate magnesia, 
1| grains. The temperature of the water is 70 degrees 
Fahrenheit. 

Principal Towns. — The largest towns in Texas are 
Galveston (upon the eastern part of the island of that 
name), Houston (at the head of Buflalo Bayou), JeiTerson 
(in Marion Co.), San Antonio (in Bexar Co.), and Austin 
(in Travis Co.). 

Oldest Towns. — The oldest towns in Texas are San 
Antonio, first settled in 1692 by the Spanish Catholics ; Go- 
liad, or La Bahia, as it was first called ; and Nacogdoches. 

Oldest American Towns. — Among the oldest Amer- 
ican towns in Texas are San Felipe, Liberty, Brazoria, 
Columbia, and Washington. 



IS Ills T O li Y () F r K X A S . 

Population. — The j)opulation of Texas was — 

111 lS-20, about 20,000. In 1850, census 212,592. 
" 1830, " 25,000. " 1860, " 601,039. 

" 1836, " 52,000. " 1870, " 818,579. 

" 1840, " 00,000. " 1813, esVA over one million. 

Climate. — The climate of Texas is generally uniform, 
pleasant, and healthy. A meteorological record kept at Aus- 
tin for about seventeen years, by Professor J. Yan Nostrand, 
shows an average of about 88° in summer, and 46" in winter ; 
and an annual rain fall of 33 inches during same time. 

Principal Rivers. — The principal rivers of Texas are, 
the Sabine, on the cast ; the Trinity,* the Brazos,f the Col- 
oradOjJ the Guadalojipe,§ the San Antonio, and the Kio 
Grande,!! on the west. 

The three first flow in a southerly course, and empty into 
the Gulf of Mexico. They are partially navigable. The 
Colorado takes its rise from springs in the northwestern part 
of the State, flows for about four hundred miles through the 
central portion, and empties into Matagorda Bay. The 
Guadaloupe is a clear and rapid stream similar to the Colo- 
rado, but smaller. The San Antonio takes its rise from 
springs four or five miles above the City of San Antonio, 
and flows in a \)'>\d ami limpid current toward the Gulf, re- 
ceiving in its course the Medina, and then uniting with the 
Guadaloupe above its mouth. The Rio Grande is the west- 
ern boundary of Texas. The rivers of western Texas on 

* Trinily nica-ns Ihree in one, so-called from the three forks of this river, which 
unite to forin the main stream. 

t Brazos means arms ; on the old map called Brazos de Dies, arms of God. 

t Colorado means red, and is so named from the color which the water of this 
stream assumes during a freshet. The color is imparted by the soil through which 
it flows. 

§ Chiadatoupe means Wolf River, from Guada (Arabic) river, and Lupus (Latin) 
uvrf. 

II Pio Grande, meaning Grand River. This stream had much more appropriately 
been called long river, than grand river. 



HIS T .() R Y OF TEXAS-, 



10 



account of their rapid currents are not navigable, except tlie 
Rio Grande wliich is navigable for light-draft boats for 
about 250 miles. 

Railroads. — Texas has now in operation about 1000 
miles of railway. The following grand trunk railways are 
now being, or will soon be, constructed, and when completed 
will open Texas to free communication with all parts of the 
continent. Several other roads have also been chartered and 
are now being built. The railroads of Texas have generally 
been munificently endowed by the State, which has given 
liberally of its public domain and loaned its money to create 
these great arteries of commerce and travel. The Houston 
and Great Northern Railroad ; the Houston and'^xas Cen- 
tral Railroad; the Southern Pacific Railroad ; the Interna- 
tional Railroad ; the Missouri, Kansas and Texas Railroad. 

Texas has granted to railroads in all more than 8,000,000 
acres of land.* 

Unappropriated Domain. — Texas has still about 
89,000,000 acres of vacant and unappropriated land. 

* From the last report of the Commission of the General Land Office. 



QUESTIONS ON THE INTRODUCTION. 

What is the area of Texas ? How is it bounded? How is it naturally divided ? 
What are its chief productions ? In what portion are its principal cattle interests ? 
What minerals and metals are found ? Where are some of its mineral waters ? 
Name the chief towns ? The oldest towns ? The oldest American towns ? Give 
the population by decades ? What about the climate ? The principal rivers, 
Meaning of their names ? How many lines of railway ? What principal railways ? 
How much vacant land has Texas still ? 



CHAPTER I. 

Texas* is supposed to have taken its name from an 
Indian village called Texas on the Xeches River. 

Its IVEeaning. — The tribe of Indians called Nassonites 
have the honor of giving the name to Texas. Its meaning 
in their language is said to be friend.\ 

La Salle. J — The first white discoverer of Texas was a 
Frenchman named La Salle, who with a small colony landed 

* How and when Texas received its present name has been a subject of contro- 
versy and speculation. Some writers assert that it was so called because its sup- 
posed discoverer found the dwellings of the inhabitants to have roofs, which in the 
Spanish language are called tejas, or texas, and hence the name; but if this be the 
true reason, then Mexico should also have been called Texas, because Jean de 
Grijalra, who discovered it, found these houses not only with roofs, but otherwise in 
point of construction and comfort compared so favorably with those in Spain at the 
time that he called the newly-discovered country Neiv Spain. Others seem to find a 
solution of the diiHculty in the assumption that the word tecas in the language of 
the aborigines meant friends, with which expression they are said to have hailed 
La Salle and his companions, but he and those of his followers who perished at 
their hands had rather a rough demonstration of the fact. There is another hypoth- 
esis, which is probably the true one, and that is, that tecas was used as an affix to 
the names of many Indian provinces or countries to denote their inhabitants, as for 
instance those of Tlaxcalla were called TlaxcaUecas ; those of Cholula, Chdultecas ; 
those of Cuitlahuac, Cuitlachtecai'. The territory now called Texas was known to the 
Spanish missionaries in 1524, as Mixtecapan, and its inhabitants as Mixtecas: these 
were tlie descendants of Mixtecatl, the fifth of the six sons of Iztac. Mixtccatl, the 
reputed progenitor of the inhabitants of Mexico at the time of its conquest by 
Cortes. By a slight mistake in copying the word Mixtecas, and using a small instead 
of a capital M, by the Spaniards in the beginning of the 17th century (who it is 
well-known paid but little attention to the use of capital letters in their writings), 
it was probably written la-ttecas in the old manuscript in San Antonio, by which ex- 
pression some tribes of Texas Indians were then known, and thus Texas acquired 
its name. (See Torquemadas Monarquia Indiana. Madrid, 1723.) 

+ 7Va (Spanish) means i?oi?/'<i/«. Tejas, plural, would be Roof tiles, and this is 
the way Spanish writers spell the word Texas. Whether the name Texas has any 
reference to this is a question for the reader to investigate. 

X Robert CBvalier De La Salle was a native of Ronen, in Nomiandy, date 
not known. IIis early years were spent in a nunnery of the Jesuits where he ac- 



niSTOKY OF TEXAS. 21 

at Matagorda Bay in 1685. Here he built a fort ami called 
it after the King of France, St. Louis. This colony was not 
a permanent one. In about two years it Avas exterminated 
by disease and the determined hostility of the Indians. 

Fate and Character of La Salle. — La Salle was 
killed by some of his own men in 1687. He was a man of 
inflexible purpose and indomitable energy : but he Avas 
haughty and overbearing. 

No Tribute to Him. — illthough the undoubted credit 
of the first white settlement in Texas belongs to La Salle, 
yet no tribute has ever been paid by our State to his 
memory.* 

Leons Colony. — The next white colonist to Texas, 
was Captain Alonzo De Leon.f In 1689 he, with about one 



quired an accomplished education. He was intended for the church, but his restless 
disposition led him in another direction. He early evinced a desire to travel. In 
1667 he came to Canada, and spent many years in exploring the St. Lawrence and 
other rivers, and in traveling among the great lakes. He acquired an intimate ac- 
quaintance with, and influence over the various Indian tribes with whom his travels 
brought him in contact. 

In 1683 he made a voyage of exploration down the Mississippi River, and re- 
turned to France. In 1685, having obtained Eoj-al Letters Patent, and provided 
with four vessels, he set sail to discover the mouth of the Mississippi, but drifting 
too far west, he landed in Texas, supposing Matagorda Bay to be the object of his 
search. After exploring the country. La Salle conceived the bold project of travers- 
ing the country northward, a distance of two thousand miles, to the Illinois River. 
Selecting a few of his friends, and leaving his colony in charge of his sub-officers, 
he started northward through the unexplored wilds of Texas, but on the 20th of 
March, 1687, he fell a victim to the treachery of his o\\ti men. 

Dr. Sparks says of him (Am. Biography) : " He was saturnine in temperament, 
reserved in his communications ; he asked counsel of none. There was a certain 
hardness in his manners, a tone of lofty self-reliance, which, though it commanded 
the obedience of his followers, did not gain their good-will. On the other hand, his 
capacity for huge designs has few parallels. He has been called the Columbus of 
his age : and had his success been equal to his ability, this distinction might justly 
have been awarded to him. Cool and intrepid, never for a moment yielding to 
despair, he bore the burden of his calamities manfully, and his hopes expired only 
with his latest breath. 

* Since writing this, I have ascertained that a County of Texas, not yet organ- 
ized, bears the name of La Salle. 

+ This Captain Alonzo de Leon has been by some writers ignorantly confounded 
with Captain Ponce de Leon, a famous discoverer, a century and a half previous 
to his time. 



22 II I S T O R Y O F T E X A S . 

hundred souls, landed at the same point where La Salle had 
previously been. Here he built a Spanish mission and pre- 
sidio called the ^Mission of San P^'rancisco. 

lYEIssions. — A mission is the name given by the church 
to an establishment in a new country for the sj^read of relig- 
ion ; and n presidio is a fort connected with it for defence. 

Second Colony Abandoned. — The continued attacks 
made by the Indians upon this second colony caused its aban- 
donment in 1689. 

Aborigines of Texas. — The aborigines of Texas were 
many tribes of Indians. Among these may be named the 
Cenis, the Nassonites, the Carankawas,* the Vidais, and 
others. These tribes have been exterminated by wars with 
each other, and the whites. Most of these Indians were from 
the first hostile to the whites. The Cenis and Kassonites 
were disposed to be friendly, but very soon became inimical. 
The two latter named tribes, and the Vidais became entirely 
extinct before the American colonization of Texas. 

More About the Indians.— ^Inch has from time to 
time been written in regard to the Indians of Texas, but 
comparatively little which the historian can rely upon. Out 
of the mass of contradictory matter which he has found re- 
ferring to the aboriginal and migratory tribes found in this 
State, the author has concluded to attempt little more than 



* The Carankawas.— T\\\n tribe of Indians was from the first very hostile to the 
white colonists of Texas. Tliej- became nearly extinct as a tribe previous to 1835. 
From Pease's History of Texas I extract as follows: "In 1835 the remnant of this 
tribe, some fifteen or twenty of all ages (the greater part of them having gone 
North, and wintered with some other tribe, after they were subdued by Austin), were 
seen by the writer near the head of Matagorda Bay. They appeared to be pre- 
paring to celebrate some festival evidently connected with the superstition of their 
race, being descended from the Children of the Sun. They began at sunset a song 
addressed probably to the great luminary which had just departed, as they feared 
forever, and continued to sing without a moment's cessation until sunrise. Some- 
times the voices of both sexes were heard at the same time, and at other times they 
were heard alternately. Sometimes a solo, and again all appeared to unite, accom- 
panied with an instrument the well-known Indian drum." 



HISTORY OF TEXAS 



23 



to give a list of them and their estimated number in 1840. 
During the early days of the white occupation of Texas, as 
in most of the United States, the Indians were found jealous, 
suspicious and hostile; and their thievish and murderous pro- 
pensities were continually manifesting themselves towards 
the colonists. 

They have unquestionably often been treated in bad 
faith by the whites, but their restless nature, and warlike 
habits, have always rendered it well-nigh an impossibility 
to occupj^ the territory in harmony with them. 




Indian Hunting Buffalo. From MuntdUCs Maaaai vj Gaogrupity. 



Wild Indians. — Wacos, 400 ; Tonkawas, 800 ; Toowa- 
kanes, 200 ; Coshattes, 350 ; Alabamas, 250 ; Comanches,* 
2,000 ; Caddos, 500 ; Lipans, 900 ; other bands, SOO ; all, 
6,200. 



* Tho Comanches are rated entirely too low. They number even now at least 
three or four times this: and are the only numerous tribe of Indians remaining on 
the borders of Texas. — MorfiVs Report. 



24 U I S T O K y F 'I'E X A s . 

Indians Called Friendly. — Cherokees, Chickasaws, 
Choctaws, Kickupoos, rottawattamies, Delawares, Shawnees, 
all 8,000. Total, wild and friendly Indians, 14,200. 



QUESTIONS ON CHAPTER I. 

Where originated the name Texas? \\^)at does it mean? What trilie of In- 
dians gave the name ? To what country did the first white discoverer of Texas 
belong? His name? When did he come? Where did he land? Did he build a 
fart? Its name? Was the colony permanent? ^V^10 Icillcd La Salle? Has any 
monument been erected to him by Texas ? Who was the second white colonist to 
Texas? What nationality? Where did he land? Was his colony permanent? 
Who were the aborigines of Texas ? Give some account of them. How many wild 
Indians in 1840 ? How many friendly ? 



CHAPTER II. 

Permanent Settlement. — Although to France be- 
longs the credit of the discovery of Texas, yet to Spain be- 
longs that of its earliest permanent settlement. 

Spanish Missions. — Between the years 1690 and 1*720, 
the Spanish Catholics established, many missions and fort- 
resses, within its borders. Among the earliest of these mis- 
sions may be named : the Mission of San Francisco^ on the 
Lavaca river ; San Bernard^ on the bay lower down ; San 
Juan, on the Rio Grande ; San Antonio / San Jose / San 
Pedro ; Conception ; Alamo ;* the last five all at, and near 
the site of the present city of San Antonio ; the missions 
at, and near Nacogdoches ; the Mission of Aes, near the 
present town of San Augustine ; Dolores, west of the Sa- 
bine ; San Saba, and others. 

Original Name of Texas. — Texas was originally 
called by the Spanish settlers, the JVew Philipjnnes, and by 
this name it was known until about the year 1744. 

French Claim to Texas. — For many years France 
claimed Texas as a part of Louisiana, and by virtue of the 
discovery of Lasalle ; but she never enforced her claim with 
energy, and finally abandoned it altogether. 

More of the Missions. — The Spanish missions in 
Texas, were built and occupied by Franciscan monks and 
friars, and by soldiers who were sent to defend them. 

* The Church of tho Alamo was built in 1744, ani was called the Mission of San 
An'.onio de Valero, until ITS?. [A'a/no means a poplar Iree.] 



2() II [ S T (.; li Y OF TEXAS. 

Their object was the aggrandizement of the lioman 
Catholic church, and the conversion of the native Indians.* 

In this latter ol»ject they failed. Some of the natives 
professed Christianity, and attached themselves to the mis- 
sions ; but they proved generally to be refractory and uni-e- 
liable converts, and Avere often treacherous to the mission- 
aries. 

Fate of the Missions. — After many vicissitudes, the 
Spanish missions in Texas were, within a century from their 
establishment, one after another, abandoned ; leaving through- 
out the state, many crumbling ruins of massive buildings, 
which sufficiently attest the self-sacrificing devotion and la- 
bor undergone by these Christian ambassadors from the Old 
World. 

Progress of Texas. — The population of Texas in- 
creased very slowly under its Spanish rulers. Its white pop- 
ulation in 1750 M'as not over fifteen hundred, and although 
in 1805 it is said to have reached five thousand, yet in 1820 
it was probably not more than three thousand. 

Ho'W Governed. — Previous to 1820 Texas was ruled 
by governors appointed by the Viceroy of Mexico, with the 
sanction of the King of Spain. After the independence of 
Mexico it became a dependency of that power. 

Massacre of Missionaries. — Tn 1758 all tlie inhabi- 
tants of the Mission of San Saba were attacked and brutally 
murdered by the Indians, and this mission was not again 
occupied. f 

* The nntives were called by tbe Spanish Catholics Los Indios. The converted 
Indians were called Los Imlios reducidos. 

t San Siilia massacre. "Tn 1752 there was discovered nt San Saha a silver mine 
which drew to the fort quite an increase of population. It is probable that the bad 
behavior of the miners toward the Indians broiiirlit on the terrible massacre of 17.58. 
At the time of its occurrence there was a fort surroundiui; an acre of srround. under 
a twelve foot stone wall, enclosinir a church and other buildings.'" — Holly's Texas. 

" In 17.53 a tragic scene occurred at the San Saba Mission. The Indians, in largo 



IIISTOKY OF TEXAS. 27 

Texas and Cohuila. — In the early part of the eigh- 
teenth century, and also from 1823 to 1835, Texas was 
united under one govei'nment with the neighboring Mexican 
state of Cohuila. 

Practically no Government. — During part of this 
time a Deputy Governor resided in Texas, but for a great 
portion of the period above named the Governor of Coliuila 
and Texas resided at Satillo or Monclova, six hundred miles 
from the centre of Texas ; and there being no superior 
courts nearer than those points, the province of Texas was 
virtually without law and government. A list of the Span- 
ish and Mexican rulers of Texas will be found on page 64. 

France gives up Texas. — In 1763 France, by treaty, 
formally ceded Louisiana to Spain, and thereby gave up her 
claims to Texas. 

Mexico Independent. — In 1821 Mexico threw off the 
Spanish yoke, and Texas became a tributary of Mexico. 

Eastern Boundary. — In 1819, by virtue of a treaty 
between Spain and the United States, the Sabine was made 
the eastern boundary of Texas. 

numbers, assaulted the mission, took it, and killed all, both pastors and flock, in- 
cluding the small guard of soldiers. None were left to bear the news. This mission 
had been established far out on the frontier. We have seen its benevolent object. 
Such a return for such love, while it calls down blessings on the heads of the fol- 
lowers of the cross, is enough to make one doubt whether the Indian belongs to the 
human r&ce.'"— Yoakum, vol. i. 



QUESTIONS ON CHAPTER II. 

To whom belongs the credit of first permanent settlement of Texas ? When 
were the Spanish missions established? By whom? Name some of them and 
their location. What was Texas originally called by the Spanish? What was the 
object of the Spanish Missions ? Did they finally succeed ? Did Texas prosper 
under Spanish rule? How was Texas governed before 1830? IIow afterward? 
What massacre in 1758 ? With what Mexican State was Texas united, and how long ? 
Was there a responsible government in Texas at this time? When did France for- 
mally give up Texas ? When did Mexico become independent of Spain ? When 
was the basin made the eastern boundary of Texas? 



CHAPTER III. 



1750 to 1800. — During this period the history ol 
Texas is not markeil by any important event. The Span- 
iards tried to extend their colonies in the territory, and these 
efforts were well-nigh fruitless on account of the determined 
hostility of the savages. 

Number of Indians. — It is impossible to give a cor- 
rect statement of the number of Indians in Texas at this 
time. Yoakum says that in 1730 the various tribes in Texas 
could muster a force of at least ten thousand warriors. If 
this be the case there must have been fifty thousand Indians 
in and near Texas at this date. 

1800 to 1820. — This period was signalized by a series 
of revolutionary expeditions to acquire possession of the ter- 
ritory, entered into by individuals from motives of personal 
ambition or lust of gain — all of which were in the end un- 
successful. 

Parties Engaged in these Projects. — Aaron 
Burr.* This man planned an expedition for the conquest 
of Mexico and Texas in 1806, and succeeded in enlisting 

* Aaron Bnrr was a native of New Jersey, born in 1750. In the 20th year of his 
age he pnlist(xl in tlie American army of inilependenee under General WasliinLrton. 
He was for a short time on Wasliington's staff", hut was discharged from that posi- 
tion on account of immoral habits. In 17i)7 ho was .Attorney-General of New York. 
He was afterwards in the U. S. Senate, and in 1800 he was elected Vice-President of 
the United States. In 180t he killed Alexander Hamilton in a duel which he forced 
upon him, and from the odium of this he never recovered. In 1807 he was appre- 
hended and tried for a treasonable design against Mexico, and after a long trial was 
acquitted. He died in 1836. 



II I S T O R Y O F T E X A S . 29 

several hundred adventurous spirits in his enterprise. He 
was arrested with his force while coming down the jVIissis- 
sippi River in January, 1807, and tried for a violation of the 
neutrality laws of the United States. 

Lieut. Augustus Magee, Col. Kemper, Bernardo 
Gutierrez, and Col. Perry. — These adventurers conceived the 
plan of conquering Texas and establishing an independent 
government. Many terrible battles were fought between 
their forces and the soldiers of the Spanish Governor, be- 
tween the years 1812 to 1815, with varying success, but final- 
ly the adventurers were defeated and most of their leaders 
slain. The most important of these battles wei-e fought at 
and near the present City of San Antonio. 

Gen. J. A. Toledo, a native of Cuba, next raised the 
standard of rebellion in Texas against the Spanish authority. 
He collected considerable forces, and made great prepara- 
tions, but subsequently disagreeing with his coadjutors, he 
abandoned the enterprise in 1816, and swore allegiance to 
the King of Spain. 

Don Louis Avery. — This man claimed authority by 
virtue of an appointment from Herera, Minister of the Mexi- 
can Republicans to the United States. He was declared 
Governor of Texas, and held his headqiiarters at Galveston. 
Associated with him were Zavier Mina, a fugitive from 
France, and others. In 1817, Avery with a naval, and Mina 
with a land force, left Galveston with the intention of in- 
vading Mexico. Mina was routed and killed, and Avery re- 
turning to Galveston, found that place in possession of the 
pirate Lafitte, who claimed to be Governor. Accordingly, 
Avery left Texas. 

Dr. James Long, of Tennessee, next in 1819 raised 
an army for the occupation of Texas. He established a 
Provisional Government at Kacogdoches, called a council, 



30 



HISTORY OF TEXAS. 



and issued a declaration setting forth that " Texas was and 
should be an independent Republic." But after many mis- 
fortunes he was captured and sent to Mexico, where, alter 
being released in 1 822, he was assassinated. 




Ruins of Lafitte's Fokt. 

Lafitte.* — Between the year ISlV and 1820, the cele- 
brated freebooter of the Gulf held sway in Galveston. lie 
built a town there w'hich he called Campeachy. His author- 
ity was supreme over his subjects, and he lived in almost 
regal splendor. His establishment was finally broken up by 



* Jean Lafitte was a native of Bordeaux, France. At an early age he ran away 
from home and enlisted in a British ship of war. Deserting this soon after he went 
to South America. About 180« he fitted out a privateer, in which he coasted in the 
West Indian seas, and in a few years, hy his hold exploits he acquired great wealth, 
and by the singular attractiveness he possessed, gathered around him a most de- 
voted bund of followers. From 1811 to 1813 the headtiuarters of Lafitte were upon 
the island of Grand Terre, or, as it was afterwards called, Barrita-ia. This island 
ie about si.xty miles from the delta of the Mississippi. In 1813 Gov CMaiborne 
of Louisiana, in order to break up the nest of pirates, oflfered a reward of five hun- 
dred dollars for the head of Lafitte, to which the Buccaneer replied hy offering 
fifteen thousand dollars for the head of the Governor. A military force was now 
Bent by the Governor to enforce his authority, but Lafitte and his forces captured 
the command, loaded them with presents, and sent them back. The aid of the 
United States Government was next invoked, and Commodore Patterson was die- 



11 I S T O R Y F T E X A S . 31 

the United States naval force in 1821, and he abandoned 
Texas forever. 

Little Inducement for Settlement. — By this chap- 
ter it is made evident to the reader that in the first quarter 
of the nineteenth century, Texas was the sport of the am- 
bitious and the prey of the avaricious : and held out little 
inducement for peaceful and industrious settlers to come 
to hei". 

patched with a fleet to break up the settlement. But the pirates burned their town 
and retreated, and the Commodore returned. Lafitte, with characteristic eflrontery, 
next offered his services to the United States in the War of 1812-15, against Eng. 
land, on condition of his pardon. This was agreed to as the easiest way of getting rid 
of him, and the bold rover of the seas fought gallantly behind the breastworks at 
New Orleans. In 1817, Lafitte having returned to his old habits, established himself at 
Galveston, where his followers numbered at one time fully a thousand. He built a 
town here which he called Campeachy, and lived for years in royal style.* His au- 
thority and influence were almost without limit. In 1819 he was appointed by the 
Mexican Republicans Governor of Galveston Island. In 1829 an American schooner 
was taken by one of his cruisers, and having been plundered was sunk. This was 
the signal for his ruin. In 1821 an expedition was sent under Capt. Kearney to 
break him up eflectually. When this force arrived, Lafitte went out to meet the 
Captain, and inviting him and his oflicers to his house, he entertained them in a 
princely and magnificent manner, trying by the blandishments he knew so well how 
to use, to dissuade them from the object of their mission. Finding that the officer 
in command was inexorably resolved to do his duty, Lafitte immediately called his 
followers around him, and having paid them off he bade them farewell. Then with 
a few chosen followers, and in his favorite vessel, he abandoned Galveston forever. 
Lafitte continued for years after this to cruise against the Spanish commerce. He 
died in Yucatan in 1826. 

* A friend informs me that although possessed of abundant wealth, Lafitte lived 
in a plain and simple manner. 



QUESTIONS ON CHAPTER III. 

What about Texas from 1750 to 1800? How many Indians in Texas at that time? 
What about Texas from 1800 to 1820 ? What about Aaron Burr ? Lieut. Magee and 
others? General Toledo and others? Don Louis Avery and Zavicr Mina? Dr. 
James Long? What celebrated freebooter occupied Galveston at this time ? What 
do you know of him ? 



CHAPTER IV. 

American Colonists. — The first successful colonist 
from the United States to Texas was Stephen F, Austin. In 
1820, Moses Austin, tlien of Missouri, received a grant of 
land in Texas from the Spanish authorities in Mexico for 
purposes of colonization. Moses Austin died in 1821, and 
bequeathed the grant to his son Stephen with instructions to 
carry out his ])lans. 

Revolution in Mexico. — In 1821 the revolution in 
Mexico transferred the authority over Texas from the crown 
of Spain to the Central Government in Mexico. In 1822, 
Stephen F. Austin, having secui*ed from the authorities in 
Mexico a confirmation of the grant to his father, introduced 
a large number of American colonists into Texas. 

Stephen F. Austin. — This indomitable and good man, 
to Avhom Texas owes so much, was a native of Austiuville, 
Virsrinia. At the acre of eleven he Avcnt to Connecticut to 
pursue his academical studies. In 1808 he entered Transyl- 
vania University, Lexington, Ky., where he remained two 
years. 

Moves to Missouri. — In 1813, having previously 
moved to Missoui-'i, aiul at that time twenty years old, he was 
elected to the Legislature of that territory. To this posi- 
Uon he was annually re-elected until 1819, when he removed 
to Arkansas. In 1821 having received a grant of land in 
Texas for colonization purposes, he introduced a large num- 




STEPHEN AUSTIN. 



HISTORY OF TEXAS. 35 

ber of colonists from the United States and secured them 
comfortable homes. 

Austin's Colony. — During all the years of his inter- 
course with his colony to which ho was a protector and 
a father, he was beloved and respected. Honesty and fair 
dealing was the meed of praise accorded to him by all. 

His Character. — Says his biographer, Hon. J. H. Bell : 
" Every child of every colonist was known to him, and was 
■welcomed to play upon his knee." When Austin entered 
Texas in 1821, there was but one settlement from the Sabine 
to San Antonio, and that was at Nacogdoches. The sound 
of the axe had never been heard from the Brazos to the Col- 
orado. When Austin counselled peace the voice of anger 
was hushed throughout his colony ; when his voice was 
raised for war every rifle was taken down from its rest to do 
his bidding. 

Death of Austin. — After devoting the best years of 
his life to the accomplishment of his darling scheme of es- 
tablishing a permanent colony in Texas, he was stricken 
down with disease at Columbia, Brazoria County, and there 
died December 25, 1836, in the forty-fifth year of his age. 

Location of Austin's Colony. — Austin's colony was 
first planted on the Brazos river. Here a town was located 
called San Felipe de Austin. ■ This colony prospered not- 
withstanding the continued hostility of the savages, and the 
difficulties they labored under to obtain the necessary sup- 
plies. 

Edwards' Colony. — Haydon Edwards, a gentleman 
from Kentucky, having received grants of land for coloniza- 
tion, introduced settlers into Eastern Texas at about the 
same time as did Austin ; but soon becoming involved in 
difficulties with the Mexicans within his territory, and 



36 H I S T () K Y O F T E X A S . 

through them with the authorities, this colony was dispersed 
and Edwards left the State. 

Fredonian War. — The arbitrary annulment by Gov. 
Blanco of the contract made with Col. Edwards, at the in- 
stigation of his enemies, gave I'ise to what is known as the 
Fredonian War. The colonists who were called Fredonians, 
enraged at the bad faith of the Government, to the number 
of three hundred organized themselves, and, fortified at Na- 
cogdoches, determined with the cooperation of the Indians 
to make war upon Mexico. A large Mexican force soon ap- 
proached, but the Indians proved faithless and went over to 
the enemy. The Fredonians then unsupported and con- 
fronted by superior numbers, retreated across the Sabine. 

Cohuila and Texas. — In the latter part of 1823 Cohu- 
ila and Texas were united under a common government; Sau- 
cado being Governor. But the people of Texas being chiefly 
Americans had no sympathy or interests in unison with their 
Mexican neighbors ; and from this time onward there was 
among them a strong and growing desire for a separate 
State organization. 

Blanco's Administration. — In 1826 Don Victor 
Blanco became Governor of Texas. From this time up to 
1830, the Amei'ican population continued rapidly to increase, 
and at the latter date numbered about twenty thousand. 

Arbitrary Decree. — In 1830, Bustamento, Dictator 
of Mexico, jealous of the rapidly growing strength of the 
American population in Texas, issued a decree suspending all 
existing colony contracts, and forbidding any citizen of the 
United States from settling in Texas. This did not have the 
desired effect, and the tide of immigration continued to flow 
ijito the country. 

Outbreaks. — In 1832 the colonists, in retaliation for 
various acts of oppression on the part of their Mexi- 



HISTORY OF TEXAS. 37 

can rulers, especially the imprisonment of several of their 
prominent citizens, and also sympathizing with the republi- 
can movement then progressing in Mexico against the tyrant 
Bustamento, took uj) arms and captured the garrisons at 
Anahuac and Velasco, At the latter place a fierce battle of 
eleven hours was fought, with heavy loss to the Mexicans, 

Battle of Nacogdoches. — A few weeks later a force 
of Texans marched upon the garrison at Nacogdoches, and 
demanded its surrender, or that its commander, Col. Piedras 
should declare himself in favor of the rej^ublican movement 
in Mexico, and the Constitution of 1824. This being refused 
a fight ensued, in which eight Texans and 100 Mexicans were 
killed and wounded. The liberal party in Mexico under 
Santa Anna at this time came into power, and these out- 
breaks did not lead to a areneral war. 



QUESTIONS ON CHAPTER IV. 

Who was the first successful American colonist to Texas ? When did he come to 
Texas? When did Mexico become independent of Spain? Give some account of 
Austin. Where was Austin colony first located? What town was planted there? 
What other colonist came to Texas soon after ? Was his colony permanent ? Why ? 
With what State was Texas united in one government? When? Who was Gover- 
nor of Cohuila and Texas in 1824 ? Who was Governor of Texas in 1826 ? What 
was the American population in 1830? What decree was issued in 1830? By 
whom? What outbreaks took place in 1832? Did they lead to war with Mexico? 
Why? 



CHAPTER V. 

Council of 1833. — In 1833 the citizens of Texas 
driven by the great and growing exigencies of their situa- 
tion to desire a separate government from the State of Co- 
huila, held a council at San Felipe, of which William H. 
Wharton* was chosen President, This council was composed 
of able men, among whom were : Branch T. Archer, David 
G. Burnet, Stephen F. Austin, Sam Houston and J. B. 
Miller, t 

A Memorial.]; — A Constitution was adopted for the 

* William H. Wharton was a native of Tennessee. Came to Texas in 1829, re- 
turned and came again in 1831 ; was a member of the Convention of 1833, and also 
of the Consultation of 1835 ; was one of the three commissioners appointed by 
that Consultation to the United States. He was a member of the first Senate of the 
Republic, was first Minister to the United States ; after his return he was again 
elected Senator, which position he held at the time of his death in 1839. 

John A. Wharton, a brother ot the former was one of the most gallant of the 
earlj' defenders of Texas. He came to Texas in 1829 and died in 1838. He was Ad- 
jutant General of the Texan armj' : and was a member of the House in the first and 
second Congress. 

t Dr. J. B. Miller, a native of Kentucky, came to Texas in the fall or winter of 
1829. He soon after associated himself with Dr. R. Feebly, at San Felipe de Austin, 
where he continued to reside and practice his profession, until 1831, when he en- 
gaged in the mercantile business with A. Somerville. In the winter of 1834 he was 
appointed Political Chief of the Department of Brazoe. In 1835, when the black 
cloud of war was about to burst upon Texas, he at first favored conciliatory meas. 
ures. As soon, however, as he became satisfied that Texas had to choose between 
resistance or submission to the worst of tyrannies, he joined the party who had de- 
termined to defend their rights, and gave the war his hearty support. He was ap- 
pointed by President Houston, Secretary of Treasury ; subsequently, after an- 
nexation, he became a candidate for the office of Governor, and though not elected, 
received a large vote. 

i This memorial, which was an ably written paper, set forth that the laws under 
which the people of Texas lived were in an unknown language ; that the officers and 
cfuirts of .-ippeal were eix hundred miles distant at Monclova; tSiat mouths, even 
years might elapse before a hearing could be obtained ; that Cohuila and Texas 



HISTORY OF TEXAS. 39 

State of Texas, and a memorial and petition were drawn up, 
setting forth the wants and grievances of the people and 
praying the Central Government for a separate State oj-gani- 
zation. 

Commissioners to Mexico. — Stephen F. Austin, W. 
H. Wharton and J. B. Miller were elected by the Conven- 
tion Commissioners to bear the petition and memorial to 
Mexico, and obtain the relief desired. 

Detention of Austin. — Austin was the only one of the 
Commission who went to Mexico. It was an inopportune 
time. The throes of revolution were convulsing that na- 
tion, and amid their own commotions, the Congress of Mexico 
was little disposed to listen to the agent of Texas. He was 
put off from time to time with promises which were not ful- 
filled. 

Imprisonment of Austin. — Almost hopeless of ac- 
complishing the object of his mission, yet unwilling to re- 
turn without trying every expedient, Austin remained and 
wrote a letter to the municipalities of Texas, advising them 
not to wait, but to proceed to organize a State Government. 
This letter was intercepted, and Austin was thrown into 
prison, where he remained many months. 

First Courts in Texas.* — In 1834 the Central Power 
of Cohuila passed a decree making Texas a judicial district, 
establishing trial by jury, and appointing Thomas J. Cham- 
bersf Judge. 

were dissimilar in soil, climate and productions ; in interests and in population ; 
that laws adapted to the interests of Cohnila might be injurious to Texas ; that 
protection from the Indians was of paramount importance to Texas, and that the 
intervening wilderness was an insurmountable barrier in the way of her receiving 
protection from Cohuila ; and that as an independent State Texas would be able to 
take care of her own interests. 

* Previous to this time the only legal tribunals in Texas had been Alcalde's 
courts. This was a court of limited jurisdiction, but having more extended au- 
thority than our magistrates' court. 

t Thomas J. Chambers was a native of Virginia. He was a lawyer by profession 



40 HISTORY OF TEXAS. 

Committees of Safety. — Early in 1835 the people of 
Texas having become satisfied that prompt action could alone 
protect their interests, held primary meetings at Bastrop 
and other places, and appointed committees of safety, and 
adopted resolutions in favor of setting up a separate State 
government. 

War Impending. — -The clouds of war now gathered 
dark and threatening. The hostility which for years had 
been growing between the young colonies and their oppres- 
sors, was about to culminate. 

Santa Anna, the Dictator of Mexico, incensed at hav- 
ing his authority set at defiance, sent large bodies of troops 
into Texas with instructions to quell the revolutionary spirit 
which'was openly showing itself. 

The Lexington of Texas. — On the 2d day of October, 
1835, the opening battle of the Texas revolution was fought 
at Gonzales. The Texans numbering 160 under Col. Moore, 
attacked the enemy, who in greatly superior numbers were 
strongly posted on an eminence and under command of Gen. 
Castonado. After a short and decisive engagement the 
Mexicans precipitately fled to San Antonio, leaving many 
dead and wounded. 

The War Begun. — With the action at Gonzales the 
war was fairly begun, and the people of Texas as one man 
determined to drive the foe from their soil. 

Austin Returns. — A month previous to this, Austin 
had returned from Mexico, and by his inspiriting presence, 

and emigrated to Mexico, and to Texas at an early day. lie was licensed to prac- 
tice in the Mexican courts. He was appointed Surveyor-General of Cohuila and 
Texas; and afterward, in 18-34, Superior Judge of the District of Texas. In 1836, 
by authority of the Provisional Government, he went to Kentucky and raised for 
the Bcn'ice of Texas a division of men. General Chambers was a gentleman of 
quiet deportment, and easy and dignified manners. He was largely engaged in land 
matters, and was well and prominently known in Texas until his death, which oc- 
curred in 1863. 



HISTORY OF TEXAS. 41 

and wise counsels, did much to harmonize the feelings and 
direct the energy of the people. 

Affair at Goliad — On the 8th day of October, 1835, 
the fort at Goliad was attacked and captured, after a short 
resistance, by a force of Texans under command of Capt. 
Collingsworth. 

Consultation at San Felipe. — The Avar thus begun 
was prosecuted with energy. During the month of October 
delegates were elected to a general consultation, to assem- 
ble at San Felipe in November, for the purpose of framing a 
provisional government. 

Battle of Conception.* — On the 27th of October a de- 
tachment of Texans under command of Captains Fannin and 
Bowie, made an exploration along the San Antonio river 
with a view of selecting an eligible camping-place for the 
main army. They selected a beautiful spot in the bend of 
the river, and near the old Mission of Conception. Hei'e 
they encamped for the night. 



QUESTIONS ON CHAPTER V 



What did the people of Texas do in 1836 ? What was the object ? Who was 
President of the Council ? What did the Council do ? Who did they send to Mexi- 
co ? Who went? Did he succeed in his mission ? What happened to Austin in 
Mexico ? When were the first courts established in Texas ? Who was first judge ? 
What did the people do in 1835 ? What did Santa Anna do ? Where was the first 
action of the war ? When ? When did Austin return from Mexico ? When was 
the battle of Goliad ? When was the election for the consultation at San Felipe t 
When did the command of Fannin and Bowie make an examination of the San An- 
tonio river ? 

* Spanish word C'oncejjcion. 



CHAPTER VI. 

Battle of Conception. — ( Continued.) — On the morn- 
ing: of the 28th October the Texans awoke to find themselves 
surrounded by a large body of Mexicans, who had planted a 
battery of artillery upon a neighboring hill. A fire was at 
once opened upon the little band, and under its protection 
the Mexican cavalry made a furious charge. But the deadly 
rifles of the Texans poured a destructive fire upon the proud- 
ly advancing host and they fled. Three times was this at- 
tack repeated with the same result ; and then the shout was 
heard, " Charge the cannon !" Then the brave Texans with 
resistless intrepidity dashed up the hill and, capturing the 
field-pieces, they turned them upon the panic-stricken foe. 
The rout was complete, and the Mexicans left one hundred 
dead iipon the hard-contested field. 

The Consultation Meets. — The delegates to the Gen- 
eral Consultation met at San Felipe on the 3d day of No- 
vember 1835. They organized by electing Branch T. Archei** 
President of the body, and P. B. Dexter, Secretary. 

An Executive Council. — By this consultation, a Gen- 
eral Council was established consisting of one member from 
each municipality. This body was invested with general 

* Dr. Branch T. Archer was a native of Virginia. He came to Texas in 18-31, 
and applied himself to the practice of liis profession — that of medicine. In 18.35, 
Dr. Archer attended all the niectinj;:^ of the jieople and urfred a separation from 
the Mexican government. In November he was chosen President of the Consulta- 
tion at San Felipe, and by that body was also chosen one of the Commissioners to 
the United States to procure aid for Texas during the days of her struggle for inde- 
pendence. He was an earnest advocate for annexation to the United States. He 
died deeply regretted in 1856. 



HISTORY OF TEXAS. 43 

governmental poAvers. The Lieut. Governor was its presid- 
ing officer; and after the resignation of P. B. Dexter, E. M. 
Pease was chosen its permanent Secretary. This Council 
continued in session, and exercised a general si;pervision over 
the affairs of Texas, until the month of March, 183G, when it 
was superseded by the government established by the con- 
vention at Washington. 

Provisional Government. — On the Yth of November 
a Provisional Government was established. Henry Smith* 
being elected Governor, and James W. Robinson Lieut. 
Governor. 

Other Officers. — Sam Houston was also by the Consul- 
tation elected Commander-in-Chief of the Army of the Re- 
public, and Stephen F. Austin, Branch T. Archer, and W. 
H. Wharton were elected Commissioners to represent the 
wants of the Government in the United States, and solicit 
aid and countenance in carrying on the war. 

Declaration. — A declaration was also adopted by the 
Consultation, which is here given to show the spirit which 
animated the assembly. 

Preamble : — " Whereas, Gen. Antonio Lopez de Santa 
Anna and other military chieftains, have by force of arms 
overthrown the federal institutions of Mexico, and have dis- 
solved the social compact which existed between Texas and 
other members of the Mexican Confederacy : Now the good 
people of Texas availing themselves of their natural rights, 
Do Solemnly Declare : 

^^Flrst — That they have taken up arms in defence of their 



* Henry Smith was a native of Kentucliy. He emigrated to Missouri and thence 
to Texas. He was first Political Chief of the Department of the Brazos; and first 
Secretary of Treasury of the Republic of Texas. He was elected Provisional Gov- 
ernor of Texas in November 1835. After annexation he removed to California, where 
he died in 1853. He was a man of agreeable manners, well informed, and having 
fine social qualities. 



4:4: H I S T O K Y O F T E X A S , 

rights and liberties, wliicli are threatened by the encroach- 
ments of military despots; and in defence of the Ifepubli- 
can principles of the Federal Constitution of Mexico of 
1824. 

^^Seconcl — That Texas is no longer morally or civilly 
bound by the compact of union, yet, stimulated by the gen- 
erosity and sympathy common to a free people, they offer 
their support and assistance to such members of the Mexican 
Confederacy as will take up arms against military despot- 
ism. 

'■'•Third — They do not acknowledge that the present au- 
thorities of the nominal Mexican Republic have the right to 
govern within the limits of Texas. 

^'■Fourth — They will not cease to carry on war against the 
said authorities while their troops are within the limits of 
Texas. 

'■'•Fiftli — They hold it to be their right during the disor- 
ganization of the Federal system, and the reign of despot- 
ism, to withdraw from the Union, and establish an indepen- 
dent government, or adopt such measures as they may deem 
best calculated to protect their rights and liberties ; but they 
will continue faithful to the Mexican Government so long as 
that nation is governed by the Constitution and laws that 
were formed for the government of the Political Associa- 
tion. 

'•'•Sixth — That Texas is responsible for the expense of her 
armies now in the field. 

"• Seventh — That the public faith of Texas is pledged for 
the payment of all debts contracted by her agents." 

'■'•Eighth — That she Avill reward by donations in land all 
who volunteer their services in her present struggle, and se- 
cure them as citizens. 

"■Niuth — These declarations we solemnly avow to the 



iriSTOKY OF TEXAS. 45 

world, and call God to witness their trntli and sincerity ; and 
we invoke defeat and disgrace upon our heads should we 
prove guilty of duplicity." 



QUESTIONS ON CHAPTER VI. 

When was the battle of Conception fought ? Tell about it. When did the con- 
sultation meet ? Who was President ? What else did the consultation do ? When 
was the provisional government organized ? Who was Governor ? Lieut. Gover- 
nor ? Commander-in-Chief? Commissioners to U. S ? What else was done ? What 
does the preamble set forth? What does section first say? Second? Third? 
Fourth? Fifth? Sixth? Seventh? Eighth? Ninth? 



CHAPTER VII. 

Volunteers for Texas.-^The condition of aflairs in 
Texas was now beginning to excite the interest of the out- 
side world, and volunteers from Louisiana, Mississippi, 
Georgia, and other Southern States, as well as immigrants 
from other parts of the Union, came to her assistance, or to 
seek a home within her l)orders. 

Gen. Sam Houston. — As stated in the last chapter, this 
distinguished man was placed in chief command of the ar- 
mies of Texas. A brief notice of his life, interwoven as it ia 
with the history of our State, will here be appropriate.* 

His Birth and Early Life. — Sam Houston was born 
in Virginia, and reared among the mountains of Tennessee. 
He entered the army at an early age and fought with dis- 
tinguished valor at the battle of the Hoi'seshoe, where he 
was wounded. 

Indian Agent. — While quite young he was appointed 
Indism .\gent for the Cherokees, which position he held foi 
some time, and won the confidence of that tribe. 

Other Offices. — He afterward studied law, and was 
successively elected Attorney-General of Tennessee, and 
Major-General of the State militia. He was next elected to 
Congress from the Nashville district, and in a year or two 
became Governor of Tennessee. 

Resigns. — In a few months, for private reasoTis, General 
Houston resigned the executive office of Tennessee, and vol- 

♦ Son Frontiopiofo. 



HISTOEY OF TEXAS. "* i 

untarily went to live among the Cherokee Indians, among 
whom he had many friends, and wiekled great influence. 

Comes to Texas. — In 1833, at the solicitation of his 
friends, he came to Texas, where, his talents and executive 
ability soon placed him in a prominent position. His subse- 
quent career will be developed in the succeeding pages of 
this book. 

Privations. — The early settlers of Texas suffered great 
privations. Game Avas abundant, but breadstuifs were at 
first very hard to obtain. Clothing w^as almost beyond the 
reach of the founders of Austin's colony. The usual cloth- 
ing of the men and boys was buckskin, and this was also 
worn by women and girls, unless a strolling peddler hap- 
pened along with calico, which was sold at an enormous 
price. 

Grass Fight. — After the afi*air at Conception, on the 
28th of October, no fighting of consequence took place until 
the 26th day of the next month. General Cos was at this 
time intrenched in San Antonio awaiting reinforcements. 
On the day above mentioned, Deaf Smith, who was con- 
stantly on the alert, discovered a party of Mexican cavalry 
who had been detailed to cut grass for their horses. Col. 
James Bowie, with a detachment of about one hundred 
Texans, immediately " took horse " in order to cut off the 
foraging party. This they partially succeeded in doing, when 
a large force of the enemy appeared coming to their relief. 
A sharp conflict ensued which resulted in the Mexicans be- 
ing driven into their intrenchments in the town with a loss 
of fifty killed and several wounded. 

Battle of Antonio. — The next battle in the war for 
the independence of Texas occurred at San Antonio. This place 
was occupied at the time by a force of Mexicans numbering 



48 H I S T O K Y OF T E X A S . 

twelve hundred and fifty men under command of General 
Cos. The Texans were eight hundi-ed under Gen. Ed. Bur- 
leson.* 

San Antonio Taken. — On the 5th day of December, 
1835, the Texans in two divisions under command of Col. 
F. W. Johnsonf and Benj. R. Milam, made a series of vigor- 
ous assaults upon the town. These attacks were repeated 
with increased success until the 10th of December, when 
they obtained entire possession of the city, and Gen. Cos 
surrendered with eleven hundred of his troops, the remain- 
der having been either killed or wounded. 

Death of Milam. J — In this affair the heroic Benjamin 

* Edward Burleson was bom in North Carolina in 1T98. In 1815 lie moved to 
Virginia. In 1824 he moved to Tennessee. In 1831 he came to Texas and settled 
near San Felipe. When the Texan revolution broke out, Gen. Burleson was made 
second in command to Stephen F. Austin. lie was in command when the gallant 
Johnson and Milam assaulted and took the city of San Antonio, and the Mexican 
army under Gen. Cos. After the war he was appointed Brlg.-General of State troops. 
From 18-38 to 1811 he was unremitting in his exertions to protect the frontier from 
Mexican and Indian depredations. Under his command the Cherokees were ex- 
pelled from Texas. In 1811, Gen. Burleson was elected Vice-President of Texas. In 
1842 he was again in the field to repel the invasions of Vasquez and WoU. During 
the Mexican War with the United States, Burleson enlisted as a private soldier and 
fought at Monterey and other hard-contested fights. Afterward be was elected to 
the State Senate, and while in that position he died at Austin in 1851. 

+ He commanded the first regiment of volunteers at San Jacinto. 

F. W. Johnson was born October, 1799, in Virginia. Came to Texas in 1824, 
engaged in land surveying until 1831. Was then elected Alcalde of the jurisdiction 
of Austin. In 18.32 he led an expedition against the Mexican post of Anahuac. 
Same year was appointed Surveyor-General of Austin colony. In 18;J5 volunteered 
in the army, and was appointed Adjutant and Inspector-General by Generals Austin 
and Burleson. In December 18;55 he led one of the columns which so gallantly 
stormed and took the post and city of San Antonio dc Bexar. In 1836, he made raid 
through the country between tlie Nueces river and tlie Rio Grande, bat was sur- 
prised and most of his command lost. After the war. Col. Johnson was mostly oc- 
cupied in land matters for several years. He is now, and has been for several years, 
collecting and compiling notes in reference to the history of Texas. lie is now in 
Austin, Texas. 

t Benj. R« Milam was a native of Kentucky. Born in 1791. He came to Texas 
in 1816. He afterward went to Mexico, whrre he espoused the republican cause, 
and experienced many har(lshii)s. At the breaking out of the revolution he returned 
to Texas. He took an active part in tlie battle at Goliad. He led one of the divis- 
ions at the storming of San Antonio, and was killed Dec. 10th, 183o. 

The following incident in the life of Col. Milam will be read with interest. It 
has been published but twice, I believe; first in the Xew Orleans Bulletin, at the 



HISTOKY OF TEXAS. 49 

R. Milam while leading his men in the thickest of the fight, 
was instantly killed by a rifle ball through the head. 

time it occurred, and again in Pease's History of Texas, from which I extract it: 
"While in Mexico, Col. Milam was imprisoned at Monterey. His winning manners 
soon made him a favorite with the jailer, who allowed him occasionally a walk to 
the river to hathe. He profited by the indulgence, and made arrangements with a 
friend to have a fleet horse for him at the appointed place. The Colonel passed the 
sentinel as he was wont, to go to the water, walked quietly on, mounted and fled." 
A few days, hard riding brought him to Texas. When he reached there, he found 
the war for independence begun. With a few choice spirits it was determined to 
attack the fort at Goliad or La Bahia, then in the hands of the Mexicans. The ac- 
count of the attack is thus given : " Their axes hewed down the door where the 
Colonel commanding slept, and he was taken prisoner in his bed. A sentinel fired. 
A rifle ball laid him dead on the spot. The discharge of fire-arms, and the shout 
of voices now became commingled. The Mexican soldiers fired from their quarters, 
and the blaze of their guns served as a target for the colonists. The garrison were 
summoned to surrender. They asked for terras. The reply was : ' No terms — come 
out and surrender, and come quick, or you will be killed every one of you. I can- 
not keep the men back much longer.' 'Oh,' shouted the Mexicans, 'keep the men 
back, for God's sake, we will come out at once.' And they rushed out with all pos- 
sible speed, and laid down their arms. Thus by a handful of men, was the fortress 
of Goliad taken, a fort which with a garrison of 350 men in the war of 1812-1.3, had 
withstood a siege of more than 2,000 Spanish troops, and forced them to retire dis- 
comfited." The colonists in this affair were led by Capt. Collingsworth, assisted by 
Col. Milam. Of the garrison, three were killed and seven wounded, and many 
prisoners taken. Of the Texans, one was slightly wounded. 



QUESTIONS ON CHAPTER VH. 

From what State did volunteers come to Texas ? Who was in chief command of 
the Texas army 1 Give some account of his life. When did he come to Texas ? 
What privations did the early settlers undergo ? Tell about the Grass fight. What 
was the next battle of the war ? Who commanded the Mexicans' ? Who the 
Texans ? How did the fight result ? What noted Texan was killed ? How ? 



CHAPTER VIII. 

Decisive Measures. — Santa Anna, the Dictator of 
Mexico, now resolved to crush out the rebellion in Texas by 
one decisive campaign. Accordingly, in January 1836, he 
equipped an array of 7,500 men, and placing himself at their 
head, he marched to San Antonio. 

The Alamo. — The whole Texan force at this post at the 
time was 170 men commanded by Col. W. B. Travis.* On 
the arrival of Santa Anna's army, this little company of pa- 
triots threw themselves within the ancient fortress of the 
Alamo, and prepared to sustain a sieges The fort was at 
once surrounded by the whole Mexican army, and the garri- 
son summoned to surrender. This being refused, a furious 
bombardment at once commenced, which continued almost 
without intermission from the 25th of February until the 
6th of March. t 



* William B. Travis was a native of Georgia. lie came to Texas in 1830, and 
established himself in the practice of law, first in the town of Liberty, afterward in 
San Felipe. He was one of the first who enlisted in the army for her indepen- 
dence. He commanded the fjarrison at the storming of the Alamo, and was killed 
after a defence unparalleled for heroigm, March 6, 18.36. A monument commemo- 
rative of the defenders of the Alamo stands in the rotunda of the Capitol at Austin. 

t On the 24th of February Col. Travis issued this stirring appeal which was sent 
by a trusty messenger through the Mexican lines. 

COJIMANDANCT OF THE AlAMO, 

Bexar, Fob. 24, la^G. 

Tb the people of Texan and all Americans in the world— Fellinv citizens and com- 
patriots : I am besieged by a thousand or more Mexicans under Santa Anna. I have 
sustained a continual bombardment and cannonade for twenty-four hours, and have 
not yet lost a man. The enemy have demanded a " surrender at discretion, other- 

3 



HISTORY OF TEXAS. 



61 



The Final Assault. — On the morning of the day last 

mentioned, a consultation of the Mexican officers was held, 
at wliich Santa Anna declared that the Alamo must be car- 
ried by storm at once, and at whatever cost. 




Siege of the Alamo. 

Dreadful Encounter. — The particulars of that terri- 
ble struggle can never be known. It is enough to say that 
the deeds of individual valor performed by that heroic 
band, already exhausted from incessant toils, watchfulness, 
and privations, have never been excelled. Many times did 

wise the garrison is to be put to the sword if the fort is taljcn." I have an- 
swered the summons with cannon shot, and our flag still waves proudly from the 
walls. I shall never surrender or retreat 

Then I call upon you in the name of liberty, patriotism, and everything dear to 
the American character, to come to our aid with dispatch. The enemy are receiving 
reinforcements daily, and will doubtless in a few days, increase to three or four 
thousand. Though this call may be neglected, I am determined to sustain myself 
as long as possible, and die like a soldier who never forgets what is due to his own 
honor and that of his country. Victory or death ! W. BARRETT TRAVIS, 

Lieutenant-Colonel Commanding. 



52 11 I S T () It Y OF TEXAS. 

the enemy in large numbers scale the Avails by means of lad- 
ders, and as often were they hurled back with dreadful 
slaughter. How terribly they fought is attested by the fact 
that during the siege and final assault, more than 1500 Mexi- 
cans were killed and wounded, nearly ten to every one of 
the Texan patriots. 

Result. — The defenders of the Alamo were vanquished ; 
the little company of 170 men were overwhelmed by the 
4,000 who were opposed to them. Every one of the heroes 
who fought in this battle for the " Lone Star,''''* was put to 
the sword. Not one found within the walls of the fort was 
spared save a woman,f a child, and a negro servant. 

Republic of Texas. — On the 2d day of March, 1836, 
a Convention;}; of the people of Texas assembled at Wash- 
ington on the Brazos, and imanimously adopted a Decla- 
ration of Independenee.§ On the 17th day of the same 
month, the Convention adopted a Constitution for the Re- 
j)ublic of Texas. 

Government ad Interim. — The Convention also es- 
tablished an "Executive Government ad interim, with ple- 
nary powers ; and elected David G. Burnet, |[ President ; 



* The flag of Texas, and now its emblem. 

t Mrs. Dickinson and her child, and a ne^o servant of Col. TraWs. Mrs. Dick- 
inson, now Mrs. Ilannig, lives in Austin, Texas. 

X Of this Convention Richard Ellis was President, and 11. S. Kimball, Secretary. 

§ See end of Period Second for this Declaration. 

H David G. Burnet was a native of New Jersej'. He was educated for the law. 
For many years he resided in Ohio, whence he moved to Texas in 1826. lie went 
back to the Northern States, and in 1881, having married in New York, he retnrned 
to Texas. In 18.3:J he was elected to the convention at San Felipe, in which he was 
lookjxl up to as a leading spirit. In 18.'M he was appointed judge of the municipality 
of Austin. In 18-36 he was elected President ad interim of the Republic. In 18;39 
he was elected Vice-President of Texas. After retiring from this office, he resided 
for many years at his farm near the San Jacinto. In 1866 he was elected by the Legis- 
lature of Texas a Senator to the U. S. Congress, in connection with Hon. O. M. 
Roberts ; but under the reconstruction acts, was not admitted to his seat. He died 
at his home in 1870. He was a map of finely cultivated mind, a ready writer, and 
eloquent and fluent speaker. 



HISTORY OF TEXAS. 53 

and Lorenzo De Zavalla,* Vice-President ; Samuel P. Carson, 
Secretary of State ; Bailey Hardman, Secretary of the Treas- 
ury ; Thomas J. Rusk, Secretary of War ; Robert Potter, 
Secretary of the Navy ; and David Thomas, Attorney- 
General. General Sam Houston was also re-appointed Com- 
mander-in-Chief of the armies of Texas. 

The Young Republic was born amid scenes of terror, 
and was baptized in blood. 

Slaughter at Goliad. — Close upon the dreadful mas- 
sacre at the Alamo came another disaster equally appalling. 
Col. J. W. Fanninf was stationed at Goliad with a garrison 
of live hundred men. From this place he was ordered by 
Gen. Houston to fall back to Victoria. This order was not 
obeyed with a promptness which might have saved the gar- 
rison. Encouraged by the success at San Antonio, a divis- 
ion of the Mexican army pressed rapidly onward. 

King's and Ward's Fights-J— On the 11th day of 
March Col. Fannin hearing that the enemy were marching 
upon Refugio, sent Capt. King with twenty-eight men to 
cover the retreat of the American citizens of that place. 
This company fell in with a large body of Mexicans and 
were attacked by them. After a sharp conflict they took 
refuge in the old Mission of Refugio, where they sustained 
themselves against the whole force of the Mexicans for tliree 

* Lorenzo De Zavalla was a native of Yucatan. While quite j'oung he was 
elected to represent his State in the Cortes of Spain. He was afterwards a member 
of the Mexican Congress, and Governor of Mexico. He was next Mexican Minis- 
ter to Prance. After the overthrow of the Republic in Mexico he came to Texas, 
where he took an active part in the struggle for liberty. He was Vice-President of 
the Republic of Texas in 1836. He died shortly after that time. 

+ J. W. Fannin was a native of North Carolina. He came to Texas and took an 
active part in the stirring scenes of 1835 and 6. He was appointed by the Provis- 
ional Government, in January, 1836, as agent to raise troops and money for the Re- 
public. He was killed, in violation of the terms of surrender, on the 27th day of 
March, 1836, at Goliad, Texas. 

t This account differs slightly from that given in Y'oakim's histoi-y, but is ob- 
tained from an equally reliable source. 



54 HISTORY OF TEXAS. 

days. Meantime, hearing of Capt, King^s situation, Col, 
Fannin, on the 12th, desi)atehe<i Col. Ward with one hundred 
men to his rescue. They readied Kefugio on the night of 
the 13th, and joined the party in the fort. Next day, King's 
company was sent out to reconnoiti'e, and were overpowered 
and captured by the Mexicans, and in six hours were all 
shot, and left on the prairie a feast for vultures. Col, 
Ward's command attempted to return to Goliad, but found 
themselves intercepted by Gen. Urrea's army, numbering 
twelve hundred men. A bloody battle ensued, resulting in 
heavy loss to the enemy : after which Col. Ward retreated 
towards Victoria, but was cut off and captured. These brave 
men suffered death at Goliad with the rest of Fannin's com- 
mand. 

Fannin Surrounded. — On the 19th of March, Fan- 
nin's command, liearing notliing from King or Ward, at- 
tempted to retreat, but after a series of engagements, found 
themselves surrounded by a vastly superior force, and almost 
without supplies and ammunition. Notwithstanding these 
disadvantages, a desperate battle was fought near the Coleta, 
eight miles from Goliad, in which the Mexican loss was be- 
tween 300 and 500 men. Of the Texans seven were killed 
and sixty Avounded. 

The Texans Surrender. — Next day (19th March) 
the enemy, 1,900 strong, under Gen. Urrea, were displayed in 
line, and the Texans Avere summoned to surrender. Satis- 
fied of the hopelessness of prolonging the unequal combat, 
Col. Fannin met the ^Mexican General, and agreed to a capit- 
ulation* on condition that his men should be honorably 



* The following arc tlic tcriiiM of Kaiinin's raiiilulation : 

*'' First — That, the Texans Hhall bo treated as iirisonors of war according to the 
nsagcs of civilized nations. 



HISTORY OF TEXAS. 00 

treated as prisoners of war until exchanged. Thus on tlie 
20th day of March the garrison at Goliad, consisting of 445 
men, laid down their arras. 

Perfidy of Santa Anna. — Tlie treachery of their 
captors was soon evident. By order of Santa Anna the con 
ditions of the surrender were totally disregarded, and on 
Sunday, March 27th, 1836, the prisoners were all marched 
out and deliberately shot.f 



" Second— Tha,t private property shall be respected and restored, but the side 
arms of the officers shall be given up. 

" Third— The men shall be sent to Copan, and thence in eight da3'S to the United 
States, or as soon as vessels can be procured to take them. 

'■^Fourth — The officers shall be paroled and return to the United States in like 
manner." 

+ A few of these brave men made their escape by bursting away from the guards 
at the moment when they were fired upon, thus rushing as it were from the "jaws 
of death." Not more than twenty-seven of the whole number, however, survived 
that dreadful day. The following account is given bj'' one of the survivors : " On 
Sunday, the 27th of March, the prisoners were all marched out of the fort, and 
counted off into four equal companies. Each of these companies was given in 
charge of a strong guard, and by it were ordered to form in double-file and march. 
We knew not what was coming, but suspected treachery. We were marched about 
half a mile from the fort, when we were halted, and faced about, when the guard in- 
stantly commenced firing upon us. We heard the firing upon the other columns 
about the same time. Nearly all the prisoners were killed. A very few escaped 
(myself among the number) by flying while the bullets whistled around our heads." 



QUESTIONS ON CHAPTER VII. 

What did Santa Anna resolve upon ? Did he accompany the expedition ? What 
fort at San Antonio was occupied at this time by the Texans ? How many men ? 
Under whose command ? When was the Alamo taken ? How many Mexicans fell ? 
How many Texans ? Who were spared ? When did the convention meet at Wash- 
ington ■? When did they adopt a declaration of independence ? When a constitu- 
tion ? Who did they elect Governor ? And Lieut. Governor ? What disaster came 
next ? Whose commands were captured ? Tell about it ? What were the terms of 
Fannin's surrender ? 



CHAPTER IX. 

Effect of Reverses. — The disasters at the Alamo and 
Goliad, after the tirst panic had passed by, had the effect to 
crystallize the spirit of opposition to the tyrant of Mexico 
and his myrmidons. 

Houston's Decision. — Feeling the responsibility de- 
volving upon him, Gen. Houston paraded the army under 
his command, and addressed them as follows : 

The Address. — ^'■Fellow Soldiers : The only army in 
Texas is now present. Travis has fallen with his men at the 
Alamo ; Fannin's troops have been massacred at La Bahia. 
There are none to aid us. There is here but a small force, 
and yet it is all that Texas has. We might cross the river 
and attack the enemy. We might be victorious — but we 
might be overcome. There are but few of us, and if we fall, 
the fate of Texas is sealed. For this reason, and until I feel 
able to meet the enemy in battle, I shall retreat." 

The Retreat. — Having thus addressed his army, now 
numbering between 600 and VOO men, the Commander gave 
orders to fall back. Accordingly the Texans retired to the 
]>razos, and in a few days afterward to a point near the San 
Jacinto river. 

The Design. — The object of this movement was to con- 
centrate all the available force in Texas in one army, and 
also to draw the enemy as far away from his base of sup- 
))lies as possible. 



H I S T O R Y O F T E X A S . 57 

Santa Anna Follows. — Without hesitation, Santa 
Anna, with the flower of his army, pursued tlie Texans, con- 
fident of easy victory. 

In Line of Battle. — On the morning of the 19th of 
Ajiril, the Texan army crossed over and marched down the 
right bank of Buffalo Bayou, to within half a mile of its 
junction with the San Jacinto river. Here they formed in 
line of battle in the edge of a grove of trees, their rear 
protected by the timber, while before them was the open 
prairie. 

The Twin Sisters. — A few days before this, the array 
of the young Republic had received two pieces of artillery 
as a gift from some of the citizens of Cincinnati, Ohio. 
These were named the " Twin Sisters," and were placed in 
position. 

Skirmishing. — On the morning of the 20th of April, 
and soon after the Texan General had disposed his forces, 
Santa Anna came marching up in battle array. A volley 
from the " Twin Sisters " brought him to a sudden halt, 
and falling back to a moat of timber a quarter of a mile 
distant, he formed in line of battle. During the day several 
skirmishes took place which resulted to the advantage of 
the Texans. 

Battle of San Jacinto. — The 21st of April dawned 
bright and beautiful. It was felt by those who were to par- 
ticipate in its stirring scenes, to be the day upon which the 
conflict for Texas was to be decided. On this side were ar- 
ranged the whole available army of Texas, numbering 750 
men.* On that were the best troops of Mexico, to the num- 
ber of 1,800, and commanded by an able and wily General. 
The men of Texas were aware that everything for them de- 
pended upon the issue of the fight, and every heart was 

* See Gen. Ruck's Report. 



58 HISTORY OF TEXAS. 

beating quick, and every nerve well strung. The men of 
Mexico were flushed with pride at recent successes, and felt 
secure of the result. 

Early in the morning General Houston sent Deaf Smith* 
the celebrated spy, with two or three men, to destroy the 
bridge across the Bayou over which the Mexican army had 
passed, thus cutting off" their only availal)le avenue of es- 
cape. This daring exploit was successfully executed almost 
in the presence of the foe. It was now determined to 
attack Santa Anna in his entrenchments. With the stilhiess 
of death the patriot army moved in three divisions to the 
charge. No music heralded the advance. No sound but 
the quick tread of determined men broke the silence. When 
within two hundred yards they received the volley of the 
enemy's advanced column without quailing, and then in- 
creased their pace to a " double-quick." 

When Avitliin seventy yards, tlie word " fire ! " was 
given, and six hundred Texas rifles belched forth their 
deadly contents. Then the shout "Alamo ! " and " Goliad ! " 
rang along the entire line, and they rushed forward to a 
hand-to-hand encounter. But Mexican valor had already 
given way before the impetuosity of that charge, and in a 
few minutes the boastful legions of the " Napoleon of the 
West" were in full retreat. The rout soon became general. 
Finding the bridge destroyed, the Mexicans plunged into 
the Bayou, where many were drowned or slain by the 
pursuers. Seven hundred dead Mexicans atoned upon that 

* Deaf or Erastus Smith was horn in Now York in 1787. Went to Mississippi in 
1798. Came to Texas in 1817, and having returned home came again to Texas in 
1821. Being hard of hearing, he hecame sih>nt and fond of solitude. He was a most 
efBcient and indefatigable observer of the movements of the Mexican anny during 
the war, and his perfect knowledge of the country, and astonishing coolness and 
bravery made him an invaluable scout for the patriot army. He married a Mexican 
lady in San Autonio, by whom he had several children. He died at Fort Bend in 
18:i9. 



HISTORY OF TEXAS. 



59 



day for the butchery at the Alamo and Goliad ; and seven 
hundred and thirty prisoners were in the hands of the -victo- 
rious army. 




b^NTA Anna, 



Santa Anna Captured. — Santa Anna in vain tried to 
escape. He Avas discovered on the morning of the 22d, 
hiding in the long grass, with a blanket thrown over his 
head, and was taken to the quarters of Gen. Houston. 



60 HISTORY OF TEXAS. 



QUESTIONS ON CHAPTER IX. 

What effect did reverses have on the people ? What did Houston determine to 
do? When did the army retreat ? What was the object ? Did Santa Anna follow f 
Where did the Texans take position ? What were the " twin sisters ? " Who gave 
them to Texas ? When was the battle of San Jacinto fought ? Where is the San 
Jacinto river ? Where is Buffalo Bayou ? Tell about the battle. How many Mexi- 
cans were killed ? How many wounded and prisoners ? How was Santa Anna cap- 
tured ? 



CHAPTER X. 

Gen. Houston Wounded. — In this battle General 
Houston suffered a severe wound in the ankle, from which he 
never entirely recovered. 

Interview with Santa Anna. — At the time Santa 
Anna was brought before him, Houston was lying on a mat- 
tress under a tree which constituted his headquarters. The 
President of Mexico, bowing low before him, said : " I am 
General Antonio Lopez De Santa Anna, a prisoner of war at 
your disposal." General Houston requested him to sit down, 
which he did, at the same time asking for opium. A piece 
of this drug was brought him, which he eagerly swallowed. 
He then at once proposed to purchase his freedom, but was 
answered : " that was a matter to be negotiated with the 
Government of Texas." He however persisted, saying to 
Houston : " you can afford to be generous, — you have con- 
quered the Napoleon of the West." Gen. Houston asked 
him " how he could expect mercy after showing none at the 
Alamo?" He replied that "by the rules of war, when a 
fort refused to surrender and was taken by assault, the 
prisoners were doomed to death." Gen. Houston answered 
that " such a rule was a disgrace to the civilization of the 
nineteenth century." He was then asked " by Avhat rule of 
war he justified the massacre at Goliad." He replied that 
" he had orders from his Government to execute all who 
were taken with arms in their hands." 



62 



HISTORY OF TEXAS. 



General Houston told him that " he was the Govern- 
ment — a Dictator had no superior" — also that "he must at 
once write an order for all his troops to abandon Texas and 
return home." This he did, and the dispatch was sent by a 
trusty messenger to his subordinates. 




Houston and Santa Anna. 



How to Dispose of Santa Anna. — This was a 
troublesome question. Among the soldiers the feeling ex- 
isted that his life could only atone for the cruelties perpe- 
trated by his order. But prudence as well as humanity 
dictated another course, and his life was spared. An agree- 
ment was entered into between hiiu and the President of 
Texas. 

First — That he should never again take up arms against 
Texas. 



HISTORY OF TEXAS. 63 

Second — That he should order all Mexican troops in 
Texas to return home. 

Third — That he should cause to be restored all captured 
property. 

In consideration of the fulfilment of these conditions he 
was to be set free. When the time came for his release the 
storm of popular indignation was so great that President 
Burnet thought best to order his longer detention as a 
prisoner of war. 

His Return. — Santa Anna was liberated by Pre'sident 
Houston in January, 1837, and sent to Washington, D. C, 
whence he returned to Mexico. 

Results of the 21st April. — Meantime the Mexi- 
can army had evacuated Texas, and she M'as free. The bat- 
tle of San Jacinto had secured her independence. Although 
Mexico did not acknowledge it, the fact existed beyond the 
control of that power. 

The news of the brilliant engagement of the 21st April 
spread with lightning rapidity through the United States, 
and excited rejoicing in all directions. Meetings were held 
in many of the large cities, and men and money were freely 
offered in aid of the young nation. 

First Newspaper in Texas. — The first* permanent 
newspaper in Texas was called The Telegraph. Its publica- 
tion was commenced at San Felipe, in October, 1835, by 
Gen. Borden, Thomas II. Borden, and Joseph Baker.f 
Its publication was continued there until the advance of 
Santa Anna's army in April, 1836, caused its removal to 
Harrisburg, where its office and material were destroyed by 

* There had been one previously published at Brazoria, by Cotton, and after- 
wards by F. O. Gray, but its issue was temporary. 

t Joseph Baker was 1st Sergeant of Capt. Mosely Baker's company at San Jacin- 
to, and was familiarly known among hie friends as Don Jose. lie was an apt Span- 
ish scholar, and for years Spanish translator in the General Land Office. 



64: 



HISTORY OF TEXAS 



the Mexicans. In August, 1836, new material having been 
procured, its issue was resumed in Columbia, from wliich 
place it was removed to Houston in 1837, where it is now 
published. 

Ziist of Governors of Texas u?ider Spa?ush and Mexican 
domination : 



SPANISH 


TBAB 


Domingo Teran 


1661 


Don Martin De Aarconne 


1718 


Marquis De Agnaya 


1720 


Fernando De Almazan 


1723 


Juan Antonio Bustillos 


1731 


M. De Sandoval 


1734 


Carlos De Franquis 


1736 


Prudencio Basteua 


1728 


Justo Boneo 


1740 


Jacinto De Barrios 


1756 


Antonio De Martos 


1762 


Juan Maria Baron De Rapperda 


1770 


Domingo Cabillo 


1778 


Rafael Pancheco 


1789 


Juan Bap. Elquezabal 


1803 


Antonio Cordero 


1806 


Manuel Del Salcedo 


1810 


Christoval Dominguez 


1813 


Antonio Mortinez 


1818 


MEXICAN 




Trespalacios 


1822 


Don Luciana Garcia 


1823 


Rafael Gonzalez (of Cohuila and Texas 




united.) 


1824 


Victor Blanco 


1826 


Jose Maria Vierca 


1828 


Jose Maria Letona 


1831 


Francisco Vidaurri 


1834 


Augustin Vievca 


1835 



HISTORY OF TEXAS. 65 

Henry Smith Provisional Governor of Texas until March 
17, 1836. 

Unanimous Declaration of Independence — 

By the people of Texas in General Convention* at the tovm 
of Washington, on the second day of March, 1836 : 
When a government has ceased to protect the lives, lib- 
erty and property of the people from whom its legitimate 
powers are derived, and for the advancement of whose hap- 
piness it was instituted ; and so far from being a guarantee 
for their inestimable and inalienable rights, becomes an in- 
strument in the hands of evil rulers for their oppression — 
when the Federal Republican Constitution of their country, 
which they have sworn to support, no longer has a substan- 
tial existence, and the whole nature of their government has 
been forcibly changed, without their consent, from a re- 
stricted federative republic composed of sovereign States, to 
a consolidated, central, military Despotism, in which every 
interest is disregai-ded but that of the army and priesthood, 
both of which are the eternal enemies of civil liberty, the 
ever ready minions of power, and the usual instruments of 
tyrants — when, long after the spirit of the constitution has 
departed, moderation is at length so far lost by those in 
power, that even the semblance of freedom is removed, and 
the forms even of the constitution discontinued, and so far 
from their petitions and remonstrances being regarded, the 
agents who bear them are thrown into dungeons, and mer- 
cenary armies sent forth to force a new government upon 
them at the point of the bayonet ; — when, in consequence of 
such acts of malfeasance and abduction on the part of the 
government, anarchy prevails, and civil society is dissolved 
into its original elements ; — in such a crisis, the first law of 

• Richard Ellis was President of this convention ; H. S. Kimball, Secretary. 



00 HISTORY OF TEXA.S. 

nature, tlie right of preservation, and the inherent and 
inalienable right of the people to appeal to first principles, 
and take their political affairs into their own hands in ex- 
treme cases, enjoins it as a right towards themselves, and a 
sacred obligation to their posterity, to abolish such a govern- 
ment, and create another in its stead calculated to rescue 
them from impending dangers, and to secure their welfare 
and happiness. 

Nations as well as individuals are amenable for their acts 
to the public opinion of mankind. 

A statement of a part of our grievances is therefore sub- 
mitted to an impartial world, in justification of the hazard- 
ous but unavoidable step now taken, of severing our politi- 
cal connection with the Mexican people, and assuming an in- 
dependent attitude among the nations of the earth. 

The Mexican Government, by its colonization laws, in- 
vited and induced the Anglo-American population of Texas 
to colonize its wilderness, under the pledged faith of a writ- 
ten constitution, that they should continue to enjoy that con- 
stitutional liberty and republican form of government to 
which they had been habituated in tho land of their birth, 
the United States of America. 

In this expectation they have been cruelly disappointed, 
inasmuch as the Mexican nation has acquiesced in the late 
changes made in the government by Gen. Antonio Lopez 
Santa Anna, who, having overturned the constitution of his 
country, now offers us the cruel alternative, eitlier to aban- 
don our homes, acquired by so many privations, or to submit 
to the most intolerable of all tyranny, the combined despot- 
ism of the sword and the priesthood. 

It has sacrificed our welfare to the State of Cohuila, by 
which our interests have been continually depressed, through 
a zealous and partial system of legislation, carried on at a 



HISTORY OF TEXAS. 67 

far distant seat of government, by a hostile majority, in an 
imknown tongue, and this, too, notwithstanding Ave have pe- 
titioned in the humblest terms, for the establishment of a 
separate State government, and have, in accordance with the 
• provisions of the National Constitution, presented to the 
General Congress a republican constitution, which was, with- 
out just cause, contemptuously rejected. 

It incarcerated in a dungeon for a long time, one of our 
citizens, for no other cause than a zealous endeavor to pro- 
cure the acceptance of our constitution, and the establish- 
ment of a State Government. 

It has failed and refused to secure on a firm basis, the 
right of trial by jury, that palladium of civil liberty, and 
only safe guarantee for the life, liberty and property of the 
citizens. 

It has failed to establit^h any public system of education, 
although possessed of almost boundless resources (the pub- 
lic domain) ; and although it is an axiom in political science, 
that unless a people are educated and enlightened, it is idle 
to expect the continuance of civil liberty or the capacity for 
self-government. 

It has suffered the military commandants stationed among 
us, to exercise arbitrary acts of oppression and tyranny, thus 
trampling upon the most sacred rights of the citizens, and 
rendering the military superior to the civil power. 

It has dissolved by force of arms, the State Congress of 
Cohuila and Texas, and obliged our representatives to fly for 
their lives from the seat of government, thus depriving us of 
the fundamental political right of representation. 

It has demanded the surrender of a number of our citi- 
zens, and ordered military detachments to seize and carry 
them into the interior for trial, in contempt of the civil au- 
thority, and in defiance of the laws and the constitution. 



68 H I S T R Y O F T E X A S . 

It has made ])iratical attacks upon our commerce by com- 
missioning foreign desperadoes, and authorizing them to 
seize our vessels and convey the property of our citizens to 
far distant ports for confiscation. 

It denies us the right of worshipping the Almighty ac- 
cording to the dictates of our own consciences, by the sup- 
port of a national religion calculated to promote the tem- 
poral interests of its human functionaries, rather than the 
glory of the true and living God. 

It has demanded us to deliver up our arms, which are es- 
sential to our defence — the rightful property of freemen — 
and formidable only to tyrannical governments. 

It has invaded our country both by sea and land, with 
the intent to lay waste our territory and drive us from our 
homes ; and has now a large mercenary army advancing to 
carry on against us a war of extermination. 

It has, through its emissaries, incited the merciless 
savage with the tomahawk and scalping-knife, to massacre 
the inhabitants of our defenceless frontiers. 

It has been during the whole time of our connection with 
it, the contemptible sport and victim of successive military 
revolutions, and has continually exhibited every character 
istic of a weak, corrupt, and tyrannical government. 

These, and other grievances, were patiently borne by the 
people of Texas, until they reached that point at which for- 
bearance ceased to be a virtue. We then took up arms in 
defence of the national constitution. We appealed to our 
Mexican brethren for assistance. Our appeal has been made 
in vain. Though months have elapsed, no sympathetic re- 
sponse has yet been heard from the interior. We are there- 
fore forced to the melancholy conclusion that the Mexican 
people have acquiesced in the destruction of their liberty, 
and the substitution therefor of a military government ; that 



HISTORY OF TEXAS 



/ 



(59 



they are unfit to be free, and are incapable of self-govern- 
ment. 

The necessity of self-preservation, therefore, decrees an 
eternal political separation. N 

We, therefore, the delegates with plenary powers, of the 
people of Texas, in solemn convention assembled, appealing 
to the judgment of a candid world as to the necessities of 
our condition, do hereby dissolve and declare that our po- 
litical connection with the Mexican nation has forever 
ended ; and that the people of Texas do now constitute A 

FREE, SOVEREIGN AND INDEPENDENT REPUBLIC, and are fully 

invested with all the rights and attributes which properly 
belong to independent nations ; and, conscious of the recti- 
tude of our intentions, we confidently and fearlessly com- 
mit the issue to the decision of the Supreme Arbiter of the 
destinies of nations. 

Names of the signers of the Declaration of Texan Inde- 
pendence, together with the names of the municipalities 
represented by them, and their place of birth : 



MUNTCIPALIir. PLACE OP BIETH. 

Richard Ellis, President of Convention, Virginia. 

C. B. Stewart, Austin. S. Carolina. 

Thomas Baknet, " 

James Collingsworth Brazoria. Tennessee. 

Asa Brigham, " Massachusetts. 

Edwin Waller, " Virginia. 

J. S. D. Byrom, " Georgia. 

Francisco Ruiz, Bexar. Bexar, Texas, 

Antonio Navarro, " " " 

Jesse D. Badgeth, " N. Carolina. 

William D. Lacy, Colorado. Kentucky. 

William Menifee, " Tennessee. 

James Gaines, Sabine. V^irginia. 

W. Clark, Jr., " N. Carolina, 



70 



HISTORY OF TEXAS. 



MUNICIPALITY. 



Gonzales. 



John Fisher, 

Matt Caldwell, " 

William Motley, Goliad. 

L. D. Zavala, Ilan-isburg 

Stephen II. Everett, Jasjjer. 

George W. Smyth, " 

Elijah Stapp, 

Claiborne West, 

William B. Scates, 

M. B. Menard, 

A. B. Hardin, 

Bailey Hardeman, 

j. w. bunton, 

Thomas J. Gazeley, 

R. M. Coleman, 

Robert Potter, 

Chas. S. Taylor, 

Thos. J. Rusk, 

John S. Roberts, 

Robert Hamilton, 

Colli y McKinney, 

Albert H. Latimer, 

Martin Parmer, 

E. O. Legrand, " 

Stephen W. Blount, *' 

Syd. O. Pennington, Shelby. 

W. Carl Crawford, '* 

James Power, Refugio. 

David Thomas, " 

Sam Houston, " 

Edward Conrad, " 

John Turner, 

B. Briggs Goodrich, Washington. 

James G. Swisher, " 

G. W. Barnett, " 

Jesse Gri.mes, " 

S. Rhoads Fisher, 



Jackson. 
Jeffei'son. 

a 

Liberty, 

Matagorda. 
Mina. 



Nacosdoches. 



Red River. 



San Augustine. 



San Patricio. 



PLACE OF Bir.TH 

Virginia. 

Kentucky. 

Virginia. 

Yucatan. 

New York. 

N. Carolina. 

Virginia. 

Tennessee. 

Virginia. 

Canada. 

Georgia. 

Tennessee. 

New York. 

Kentucky. 

N. Carolina. 

England. 

S. Carolina. 

Virginia. 

Scotland. 

New Jersey. 

Tennessee. 

Virginia. 

N. Carolina. 

Georgia. 

Kentucky. 

N. Carolina. 

Ireland. 

Tennessee. 

Virginia. 

Pennsylvania. 

N. Carolina. 

Virginia. 

Tennessee. 

S. Carolina. 

N. Carolina. 

Pennsylvania. 



HISTORY OF TEXAS 



71 



MUinCIPALITT. 



Sam. a, Maverick,* 
John White Bower, 
James B. Wood, 
Andrew Briscoe, 
John W. Moore, 
Thomas Barnett, 



PLACE OF BIRTH. 

S. Carolina. 

Georgia. 

Kentucky. 



questions on chapter X. 

What officer was wounded in the action of San Jacinto ? Describe the interview 
between him and Santa Anna. What was done with Santa Anna ? What were the 
terms of the agreement ? Who released Santa Anna ? When ? What were the re- 
sults of the fight of the 21st ? What was the name of the first permanent newspa- 
per in Texas 1 Where published ? Who by ? Give its subsequent history. Was 
any newspaper published before this ? By whom and where ? 



* The last sis were not present at the signing of the Declaration in Convention, 
but affixed their names afterward. 



l^ERIOD II. 

FROM THE INDEPENDENCE OF TEXAS IN 1836, 



TO 



ANNEXATION IN 1845. 



THE 



REPUBLIC OF TEXAS. 



CHAPTER XI. 

Texas in the U. S. Congress. — The Congress of the 
United States, in common with the people, looked with in- 
terest upon the struggle of Texas to throw off the Mexican 
yoke. 

The question of the acknowledgment of her indepen- 
dence soon came up, and in June, 1836, the voices of such 
men as Thomas H. Benton and Henry Clay were heard in 
advocacy of the measure. The following is an extract from 
an able speech delivered by the latter on the 18th of June, 
1836: 

" If the contest has been unequal, ifhas nevertheless been 
maintained by Texas with uncommon resolution, undaunted 
valor, and eminent success. And the recent signal and 
splendid victory, in which the Mexican army commanded by 
Santa Anna, President of the Mexican government, in per- 
son, was totally overthrown with unexampled slaughter, — 
compared with the inconsiderable loss on the other side, — 
may be considered as decisive of the independence of 
Texas." 

A Commissioner to Texas. — On the 27th of June 
a resolution was adopted by Congress to send a commis- 
sioner from the United States to Texas. 

A Constitutional G-overnment. — It was now time 
for the people of Texas to inaugurate a constitutional 
government by the election of officers at the ballot-box. 



76 



H I S T O K Y OF TEXAS 



First Election. — An election for this purpose was ac- 
cordingly held in September, 1836, and Gen. Sam Houston 
was chosen by the people first Constitutional President, and 
M. B. I.amar,* first Vice-President, of the Republic. At the 
same time the people with great unanimity expressed a wish 
to be annexed to the United States. 

First Congress. — This body met at Columbia on the 
third day of October, 183^ It had much to do and little 
with which to do it. It had order to establish, money to 
raise, confidence to secure, protection to afford the people 
against the savages. The people were poor, the government 
iu debt, there was no law, no judiciary, and the soldiei'S were 
naked and almost starving. 

Minister to Washington. — One of the first acts of 
Congress was to authorize the President to appoint an agent 
with plenary powers to proceed to Washington, in order to 
negotiate for the recognition of the independence of Texas, 
and if possible secure her early annexation to the United 
States. W. H. Wharton was, under this act, appointed first 
Texas JNIinister to the United States. 

Results of the Session. — After a session of three 
months, the first Congress of Texas adjourned. It was an 
assembly of marked legislative ability. During its ses- 
sion, and through its wisdom, wise laws had been enacted, a 
judiciaryf of superior ability had been established, the army 
had been organized, fed and clothed, and the people had 
been put in possession of their civil and political rights. 

* Mirabcau B. Lamar was bom in Georgia in 1798. lie came to Texas in 1835. 
He served with distinction in tlie Texas revolution, and afterward in the Mexican 
•war. He was first Vice-President and second President of the Republic of Texas. 
He died in 1859. General Lamar possessed tine literary taste, and was the author 
of a book of poems called " Verses Memoriales." In the appendix to this book 
will be found one or two articles from his pen. 

t Judge B. C. Franklin was, by the government ad interim, constituted the first 
judge in Texas with common law and maritime jurisdiction.— rbai-w/zi. Vol. 2, p. 199. 



HIST OK Y OF TEXAS. 77 



QUESTIONS ON CHAPTER XI 

When did the question of the independence of Texas first come up m the Con- 
gress of the U. S ? What able man advocated it among others ? What agent was 
appointed by Congress in June ? When was the first constitutional election held 
in Texas ? Who were elected ? What wish did the people express at the ballot- 
box ? When did the first Congress of Texas meet ? What was one of its first acts 1 
What were some of the results of this session ? Who was the first Judge in Texas 
having common law and maritime jurisdiction ? 



CHAPTER XII. 

Mexico still Claims Texas. — Although Mexico had 
been compelled for the time to cease hostilities against Texas, 
she was nevertheless far from acknowledging her independ- 
ence. Dissensions at home kept her sufficiently occupied 
to prevent any formidable invasion. But the Mexicans did 
not scruple to excite the Indians, especially the Comanches, 
to continual acts of treachery and violence against the set- 
tlers of Texas. 

What the Indians were Told.— The Indians were 
told, and made to believe, that the whites intended to exter- 
minate them or drive them ^rom their ancient hunting- 
grounds. The pioneers were therefore compelled, for years 
after hostilities had nominally ceased with Mexico, to be 
continually on the alert to repel the attacks of savages. 

Gen. Houston Resigns. — After the battle of San 
Jacinto, Gen. Houston, bring incapacitated by his wound 
from active service, relinquished the command of the army 
to Gen. Thomas J. Rusk, who had previously been Secretary 
of War. 

Rusk Appointed to the Cabinet. — After the in- 
auguration of Gen. Houston to the Presidency, he appointed 
Rusk* to a seat in the Cabinet, which left the command of 
the army in the hands of Gen. Felix Houston. 

* Thomas Jefferson Rusk was one of the noblest sons of Texas. lie was bom 
in South Carolina in 1803. lie was educated for the law, and having removed to 
Georgia, he was then distinguished, at the age of twenty-nine, as one of the first 



HISTORY OF TEXAS. 



79 




House in which First Congress Met. 

Second Session of First Congress. — On the first 
day of May, 1837, the second Congress of Texas met at 
Houston, which town had been laid off the year before, and 
named in honor of the President. 

Accommodations at Houston. — It may therefore 
reasonably be supposed that in a town not yet a year old, 

lawyers in that State. In 183.5, he came to Texas and settled at Nacogdoches. In 
1836, he was elected a delegate to the convention at Washington, and by that body 
was chosen Secretary of War. In the battles which followed, General Kusk took an 
active and distinguished part, and General Ilouston being disabled by his wound 
received at San Jacinto, he was made Commander-in-Chief of the army. In Novem- 
ber, 1836, he was appointed to a seat in the Cabinet. The Congress ot 1838 elected 
him Chief Justice of the Supreme Court, which position was vacated by the death 
of James Collingsworth. In 1843, Rusk was elected Major General of State Militia. 
In 1845 he was president of the convention which assembled at Austin to frame a 
State Constitution. 

In 1846, the first Legislature of Texas elected him U. S. Senator, which position 
he filled with marked ability and satisfaction to the people of Texas until his death 
in 1857. Thomas J. Rusk was one of those men whose death was the signal of 
mourning to a host of friends. Modest in his manners and disposition, social and 
domestic in his habits, and of a warm and generous nature, he was indeed one of 
nature's noblemen. 



80 HISTOKY OF TEXAS. 

jind in the wilderness, the accommodations for the officials 
of the nation were neither extensive nor magnificent. A 
writer says : " The President's mansion was a log cabin 
consisting of two rooms or pens, the one having a puncheon 
floor, the other a floor of earth. Yet in that humble dwell- 
ing the representatives of the young Republic, and many 
visitors, among whom were the British envoy, Crawford, 
and the distinguished Audubon, attended the levees."* 

Independence Acknowledged by United States. 
— On the first day of March, 1837, the Congress of the Un- 
ited States, after a warm discussion, passed a resolution ac- 
knowledging the independence of Texas. This recognition, 
by one of the leading powers of the world, greatly contrib- 
uted to the confidence of the citizens at home, and the re- 
spectability of the Republic abroad. 

Annexation put off. — While hostilities continued be- 
tween Texas and Mexico, the question of the annexation of 
Texas, involving as it would the alternative of a war with 
Mexico, was dismissed from the halls of the United States 
Congress. 

Border Warfare. — Meantime a predatory warfare was 
continually waged against the people ol Texas by the Mexi- 
cans and their Indian allies, along the Rio Grande frontier, 
and in Northwestern Texas. 

IVIexican Privateers. — Several war vessels were also 
equipped and sent out by Mexico, to hover about the Texas 
coast, and destroy her commerce ; but the Texas navy was 
soon more than a match for that C)f her adversary. 

* The writer of these pnges may be here permitted to remark that when he 
rcnched Austin, which was shortlj' after the scat of <rovernment was located at tliat 
place by a vote of the people, the public buildings, including the Governor's oflice, 
State Department, General Land Otlice, State Treasury, and other public buildings, 
were all simple log-houses, each containing two rooms. 



N 



HISTORY OF TEXAS, 81 



Texas Navy. — The vessels composing the original 
Texas navy were the " Invincible," the " Liberty," the 
" Brutus," and the "Independence;" mounting in all twenty- 
eight guns. 



QUESTIONS ON CHAPTER XII. 



What was the attitude of Mexico toward Texas after the battle of San Jacinto ? 
Why did she not prosecute her claim to Texas ? Whom did the Mexicans excite 
against the Texans ? What were the Indians told ? When did Houston give up 
command of the army ? Who took his place ? When was Rusk appointed to the 
Cabinet ? Who then commanded the army ? When did the second Congress meet 1 
Where ? What is said about the accommodations at Houston ? When was the in- 
dependence of Texas acknowledged by the U. S. ? What effect had this ? Why was 
annexation delayed ? What was the condition of the western border ? What of 
the sea coast ? What were the names of the vessels comprising the original navy 
of Texas ? How many guns in all did they carry ? 



CHAPTER XIII. 

Financial Troubles. — Poverty and debt weighed 
heavily upon Texas in tlie years immediately following the 
beginning of her national existence. With a population of 
50,000, she labored under an indebtedness of more than a 
million of dollars, or more than twenty dollars for each 
man, woman and child, negro and Mexican, within her bor- 
ders. This to a people, many of whom from January to 
December, never saw a dollar in money, was a well-nigh 
hopeless condition of poverty. 

State of the Treasury. — The President, in his mes- 
sage to the Congress of 1837, declared that during his ad- 
ministration, up to that time, about a year, there had been 
paid into the national treasury only five hundred dollars in 
coin. 

In Debt to the Army. — A large portion of the in- 
debtedness of the Republic was to the army, and Avhile this 
existed, the troops could not be discharged without great 
discontent. 

The Soldiers Furloughed. — The President, there- 
fore, instead of discharging tlio men, gave them furloughs, 
in order that they might be relieved from duty, and still 
draw pay until discharged. This expedient satisfied most 
of the men, and they went quietly home. 

How to Raise Money. — This was the absorbing ques- 
tion for the heads of government. An issue of land scrip or 



HISTORY OF TEXAS. 83 

warrants entitling the holder to a certain number of acres 
of Texas land to be located wherever desired, was ordered, 
and put upon the market. 

Treasury Notes. — Congress also passed an act au- 
thorizing the issue of a half a million dollars in govern- 
ment notes. These were made receivable for public dues, 
and served in some degree to relieve the national embarrass- 
ment. 

Panic of 1837. — The year 1837 was one of unex- 
ampled financial disaster throughout the commercial world. 
A general suspension of banks took place. Under these 
circumstances, the bond and land scrip of Texas sought al- 
most in vain for purchasers, and her citizens were pinched 
with want. 

Indian Wars. — The constant incursions of the savages 
rendered it necessary during the year 1837, to formally de- 
clare war against them. A force of rangers was put in the 
field against them, and many bloody fights took place dur- 
ing that and two or three suaceeding years. 

Social and Religious. — The people of Texas all kept 
" open houses." Indeed many of them had no way of clos- 
ing their cabins except by hanging up a raw hide at the 
door. They regarded themselves as one community, and 
whatever each had was at the service of the rest. ISTo 
ai'istocratic barriers could exist among a people who were 
mutually dependent upon each other for society and protec- 
tion. 

Churches. — The dominant religion of Texas under its 
Spanish and Mexican rulers was Roman Catholic. Indeed 
the Mexican laws of immigration at first made a confession 
of the Catholic faith obligatory upon the colonists. Re- 
ligious intolerance, however, Avas not manifested towards 



84 HISTORY OF TEXAS. 

the American settlers, and they were allowed to build their 
own churches and establish their own Avorship. 



QUESTIONS ON CHAPTER XIII. 

What troubles pressed upon the nation at first ? How much did she owe ? How 
much monej' was paid into the Treasury in one year ? To whom was the principal 
indvjbtedness ? How was this managed ? What was done to raise money? What 
took place in 1837 ? What about the social condition of Texas? What about the 
religious f 



CHAPTER XIV. 

Protestant Denominations. — Many Protestant 
Ministers came to Texas during and after the year 1818, and 
the Methodists and Baptists both had respectable church 
buildings as early as the year 1829. The Presbyterians and 
Episcopalians soon after. 

Sunday Schools. — The first Sunday School in Texas 
was opened in San Felipe in the year 1829. The American 
Bible Society had an efficient agent in the field in 1832, and 
by him bibles and testaments were distributed from the 
Sabine to the Rio Grande. 

Land Titles. — Some account of the mode of vesting 
possession of land in the settlers will be interesting. For con- 
venience this subject may be treated under three heads, viz : 

The Mission grants. 

The Colonial head right grants. 

The American system of land titles. 

Spanish Grants. — The first grants of land in Texas 
were made to those Indians who attached themselves to the 
missions, — the Indian converts. 

Mode of Surveying. — The manner of surveying 
these tracts of lands appears to have been very simple, and 
quite unlike the precise way in which our people are now 
wont to define their boundaries. " The captain* and priests 

* I give this account of the method of granting land to Indians on the authority 
of a work on the subject of mission land grants ; but am satisfied that such in- 
definite land surveys were of rare occurrence. The lands were considered of very 
little value, but the early surveys, I am assured, were made with considerable ex- 
actness. 



86 HISTORY OF TEXAS. 

of the mission, under authority of the Spanish crown, hav- 
ing made converts to the Catholic faith of a number of In- 
dians, took their chief by the hand and led him to the tract 
of land to be conveyed. Walking slowly around the land, 
they pointed out its metes and bounds, and pulling up grass 
and picking up stones, they cast them towards the corners, 
and thus proceeded to invest the new owners with a valid 
title." 

The Contract Sealed. — The transaction was declared 
complete when the Indians, through an interjjreter, declared 
their intention to adhere to the Christian religion, and to 
avoid tlie commission of crime. 

Value of Land. — To illustrate the value attached to 
the fertile acres of Texas at that time, we give an incident 
on the authority of a reliable historian : Governor Salcido, 
in 1810, being petitioned for a grant of land, sent out a sur- 
veyor to examine and report its quality and value. Thus 
commissioned, the surveyor examined and reported " that 
the land was bad and uneven, with no water ;' and the whole 
country thereabouts was beset witli ticks and hornets ; and 
tliat the whole tract, 2,500 acres, was worth five dollars." 

Indian Land Titles. — Amid the many Indian wars 
that occurred between 1810 and 1835, most of the original 
grantees were driven away, their landmarks blotted out, 
and the land re-granted to new settlers. 

The Colonial Head Right System. — This was the 
second mode of granting land in Texas. Under the Mexi- 
can laws a certain amount of land was given to each ho)ia 
fide settler. These grants of land were large. To the head 
of a family one league, or about 2,000 acres ; to a single man, 
one-third as much. These magnificent donations would 
speedily have exhausted the domain of a less extensive 
territory than Texas. 



II I S T O K Y O F T E X A S . 87 

Mexican Method of Head Rights. — The Empres- 
sario or contractor, who introduced the colonists, reported 
their names and other necessary facts to the Land Commis- 
sioner of the government. That functionary then issued to 
each colonist a testlmonio or deed to the land upon condition 
that he should jjay the fees and establish the corners of his 
land within one year. Thus at that time, the payment of 
something less than thirty dollars put a settler in possession 
of a league of choice land. 

American System. — The land laws of Texas went 
into operation in 1837.* A General Land Office was es- 
tablished, over which a Commissioner was appointed. A 
surveyor was also appointed for each county or district, and 
land certificates were issued to actual settlers. The loca- 
tion of lands by the holders of tliese certificates progressed 
rapidly. The colonist, having selected his land and had it 
surveyed, went to the land office with his field notes, and ob- 
tained his patent or deed from the govei'nment by paying 
the necessary fees. 

Conflict of Title. — Many of the locations of land in 
Texas since 1837 were made ignorantly upon old Mexican 
grants. Whei'ever this has been found to be the case the 
courts have usually sustained the validity of the old claim. 



QUESTIONS ON CHAPTER XIV. 

About what time did the Protestant denominations establish themselves in 
Texas ? Which first ? When was the first Sunday school ? And where ? How may 
the land titles of Texas be divided ? Give some account of the early manner of 
surveying. How was the contract ratified ? What about the value of land ? Give 
an instance. Were these Indian titles permanent ? Tell about the colonial system ? 
The American system ? How about conflict of title ? 



* J. P. Borden was first Commissioner of the General Land Office under the Re- 
public of Texas. Thomas William Ward was commissioner for several years before 
and after annexation. ■' 



CHAPTER XV. 

Seat of Government. — The Congress of Texas, Jan- 
uary, 1838, appointed five Commissioners to select a site for 
the Capital of the Republic. The Commissioners, consisting 
of Albert C. Hoi-ton, Lewis P. Cook, Isaac W. Burton, 
William Menifer and J. Campbell, after careful examina- 
tion, made choice of the present location on the Colorado 
river. At the time of its selection it was on the extreme 
frontier, Bastrop being the nearest town, thirty-five miles 
lower down on the rivei*. To this place — temporary build- 
ings having been erected — the government offices were 
moved in October, 1839, and in the November following, the 
Congress met at the new city of Austin. 

Changes. — Before that time the councils of the young 
Republic had been held by executive appointment at differ- 
ent places for convenience and safety. 

First at San Felipe, November, 1835. 

Next at Washington, March, 1836. 

Next at Harrisburg, same month. 

Next at Galveston, April 16, 1836. 

Next at Velasco, May, 1836. At this place the treaties 
with Santa Anna wore signed. 

Next, by order of Congress, at Columbia, in October, 1836. 

Next at Houston, in May, 1837. 

Next at Austin, in October, 1839. 

Austin City was incorporated in 1840. 



HISTORY OF TEXAS 



89 



More Changes. — In this connection we will follow the 
removals of the seat of government of Texas up to the pres- 
ent time. In 1842, during an invasion of the Mexicans un- 
der Gen. Vasquez, into Western Texas, President Houston, 
thinking the national records in danger, ordered their re- 
moval to Houston. 

Archive War. — This caused the disturbance which 
IS known as the archive war. The citizens of Austin think- 
ing the removal ill-judged and unnecessar}', held a mass- 
meeting, organized a company, and pursued and captured 
the wagons containing the records of the General Land 
Office, which they took back in triumph to Austin. 

Capital at Houston. — The government offices re- 
mained at Houston until November, 1842, when by Execu- 
tive proclamation Congress met at Washington. Here the 
capital remained until it was again established at Austin in 
1845. In 1850 an election was held to locate the seat of 
government of Texas, and Austin city was chosen by the 
people to be the capital for twenty years, or until the next 
general election after the year 1870, This election was held 
in obedience to Sec. 37, Art. 3, new State Constitution, No- 
vember 5 to 9, 1872, and resulted in the re-election of Austin 
by a majority of 15,355 votes, over both Houston and Waco, 
its competitors. This finally settles the question of a seat 
of government for Texas while the State remains undivided. 
Terms of Office. — According to the provisions of the 
Constitution of the Republic of Texas, the first President 
held his office for two years ; and succeeding Presidents for 
three years, each being ineligible to re-election for the next 
term. 

Second President. — An election having been held ac- 
cording to law, September, 1838, Mirabeau B. Lamar was the 



90 HISTORY OF TEXAS. 

choice of the people for President, and David G. Burnet for 
Vice-President. 

Independence Acknowledged by France.— In 
1837, J. Pinckney Henderson liad been sent by Texas as Min- 
ister to France and England, to secui-e recognition by those 
powers at as early a day as possible. In September, 1839, 
Louis Philippe, King of France, entered into a treaty ac- 
knowledging Texas to be an independent nation; and he also 
caused a Minister, M. De Saligny,* to be sent to Austin. 

England, Holland and Belgium. — The example of 
France was followed in 1840 by England, Holland and Bel- 
gium. 

Lamar's Indian Policy. — Under Lamar's adminis- 
tration, and by his recommendation, vigorous hostilities 
were prosecuted against the Indians, especially the Co- 
manches, who have ever been the most treacherous and dead- 
ly foes of the people of Texas. 

Minister Extraordinary. — In 1841, General James 
Hamilton, t a distinguished citizen of South Carolina, who 
had linked his fortunes with Texas, was appointed Minister 
Extraordinary to the European Powers to assist in securing 



* M. De Saligny. — An amusing incident ie said to have occurred at the French 
Court pending the acknowledgment of the independence of Texas. General Ileuder- 
Bon, who was Minii<tcr of Texas, and urging the measure upon the French govern- 
ment, was asked in the presence of M. De Saligii}', who had just returned from 
Tetas, what was the population of that State ? Henderson, desirous of making the 
figures as large as possible, and almost ashamed to say what he really thought the 
number to be, artfully referred tlie question to Saligny, who, with French prompt- 
ness and politeness, instantly replied : " about a million." The Court was too po- 
lite to doubt the statement, and of course the question of population did not stand 
in the way any longer. 

t Gen. James Hamilton wao born in South Carolina, May 8, 1786. lie was 
educated for the law, but entered the army and served with credit in the war of 1812. 
lie was representative to Congress from St)utli Carolina, and Governor of that State 
in 1K.30. lie declined the Secretaryship of War in 1828. In 1841, having become 
ardently devoted to Texas, he acc<'pted the position of Envoy Extraordinary to the 
Courts of England, France and Belgium, and did much to secure for Texas credit 
and standing abroad. He spent his fortune in behalf of his adopted State, and at 
last lost hie life at sea in a voyage to her shores in 1857. 



HISTORY OF TEXAS. 91 

recognition ; and also to effect a loan of money from foreign 
capitalists in aid of Texas. 



QUESTIONS ON CHAPTER XV. 

What step was taken by Congress to locate a seat of government ? When? Who 
were the commissioners ? What place was selected ? Where is Austin ? What 
place was occupied as the capital of Texas previous to 1840 ? What place after 
1840 ? Tell about the archive war. When was the scat of Government finally- 
fixed ? and where ? Tell what you know about the terms of oflice under the Re- 
public ? Who was second President ? When elected ? When was the independence 
of Texas acknowledged by Prance ? By what other powers soon after ? What was 
Lamar's Indian policy ? Who was Minister Extraordinary from Texas in 1841 ? 



CHAPTER XVI. 

Growth of Texas. — In spite of the constant depreda- 
tions committed by Mexicans and savages, the tide of immi- 
gration continued to roll to the shores of Texas, until in 

1840, her population* numbered between sixty and seventy 
thousand. 

Her Monetary Affairs. — Her financial condition had 
not improved. She had no credit abroad. Her bonds had 
sought in vain for purchasers. Her debts had increased to 
a hopeless extent. Her paper money was worth but ten to 
twenty cents on the dollar, and yet this was all the money 
she had. The nation and the people were alike bankrupt. 

A Pig meddles in Foreign Affairs. — In February, 

1841, a funny aifair happened, which well nigh caused a rup- 
ture of the friendly relations existing between France and 
Texas. One of the pigs of Mr. Bullock, a well-known Aus- 
tin landlord, found his way into the stable of M. De Salig- 
ny, the French Charge, and proceeded to appropriate a por- 
tion of the corn of the Minister's horses. For this ofience a 
servant slew the swinish invader, whereupon the irate Bul- 

* Populafion.— The estimated population of Texas in 1836, according to a report 
made by Henry M. Morflt, Esq., Commissioner to Texas by appointment of Presi- 
dent Jackson, was as follows : 

Anglo-Americans 30,000 

Mexicans 3,470 

Indians 14,200 

Negroes 5,000 

62,670 



HISTORY OF TEXAS. 93 

lock horsewhipped the dependent of the French ambassador. 
Saligny thereupon made complaint, and the landlord was 
arrested and bound over to the next term of court. A day 
or two afterward the envoy coming to the hotel, Bullock 
ordered him off his premises. These indignities were too 
much for French honor to submit to, and the Texan govern- 
ment failing to give prompt satisfaction, the Minister aban- 
doned his post in high dudgeon. A conciliatory letter from 
President Houston afterward healed the breach, and brought 
the irate Frenchman back. 

Santa Fe Expedition. — In 1841, an expedition was 
set on foot to occupy New Mexico, and induce its inhabi- 
tants to place themselves under Texas laws. 

Without Sanction. — This project was with the ap- 
proval and sanction of President Lamar, but without the 
sanction of the Congress of Texas. It was under the lead- 
ership of Gen. Hugh McLeod. 

Disastrous Result. — The result of this expedition 
was disastrous, most of those engaged in it being either 
killed or captured by the Mexican troops. 

Houston Re-elected. — In September, 1841, the presi- 
dential election again occurred, and Sam Houston was once 
more made President of Texas by an overwhelming vote. 
Edward Burleson was at the same time chosen Vice-Presi- 
dent. 

Houston's Indian Policy. — In his message to Con- 
gress after his inauguration, Houston, among other measures, 
recommended establishing ti'ading-posts along the frontier 
for the Indians ; and also that treaties be made with them 
wherever practicable. During the next few years Indian 
disturbances were less frequent. 

Mexican Invasion. — ^Early in 1842, a Mexican army 
under Gen. Vasquez, penetrated Texas as far as San Antonio, 



04 HISTORY OF TEXAS. 

M-liich place they took possession of without opposition. 
The American inhabitants abandoned the town, and the 
Mexican forces, after remaining two clays, retired toward 
the Rio Grande. 

The Texans Prepare for War. — In a few days the 
news of this invasion spread through the land, and three 
thousand Texans marshaled themselves for battle. When 
it was ascertained that the Mexicans had retreated, the 
Texan army was clamorous to be allowed to invade Mexico. 
This course was not approved by the President, who called 
an extra session of Congress in June, 1842, to take the sub- 
ject under advisement. Meanwhile most of the volunteers, 
after the excitement passed away, disbanded and returned 
home. 

Santa Fe Prisoners Released. — About the same 
time the Mexican government released the Santa Fe pris- 
oners, which action had a tendency to bring about a more 
quiet feeling in Texas. 



QUESTIONS ON CHAPTER XVT. 



What is said about the growth of Texas ? Its population in 1840 ? Its monetary 
aftairs '? What amusing incident is here related ? What expedition took place in 
1841 ? Its object ? Its result ? What election took place in 1841 ? AVho was elected 
President ? Vice-President ? What about Houston's Indian policy 7 What inva- 
sion in 1842? Tell about it. What did the Texans wish to do ? What did the 
President do ? What prisoners were released about that time f What effect did 
it have in Texas? 



CHAPTER XVII. 

Another Invasion. — In September, 1842, another 
Mexican army, twelve hundred strong, under General Woll, 
entered Texas and took possession of San Antonio, 

The Court Captured. — The district court for the 
county of Bexar was at that time holding its session ; and 
the arrival of the enemy being entirely unexpected, no time 
was given them to escape. Although not oi-ganized for de- 
fence, a skirmish ensued in which a few of the Mexicans 
were killed ; after which a surrender was agreed upon. The 
Judge of the court, and the lawyers in attendance, with the 
few American inhabitants of the city, thus became prison- 
ers of war. 

The Invaders Repulsed. — The citizens again flew 
to arms, and attacked the enemy at the Salado,* a few miles 
east of San Antonio, where a hot fight took place, resulting 
in the defeat of the invaders, who retreated from the State. 

Mier Expedition. — The Texans, exasperated at these 

* Battle of Salado.— Belovf is Col. Caldwell's (commonly called "Old Paint") 
account of the battle : 

Septestber 17, 1842. 

"At the Salado, two miles above the old crossing, we commenced fighting at 
eleven o'clock to-day. A hot fire was kept up until about an hour by sun, when the 
enemy retreated, bearing off their dead and wounded, which were very many. We 
have a glorious band of Texas patriots, among whom only ten were wounded and 
not one killed. The enemy are around me on every side, but I fear them not. I 
will hold my position until I receive reinforcements. Come and help us. It is the 
most favorable opportunity I have seen. There are eleven hundred of the enemy. 
I can whip them on any ground without help, but cannot take any prisoners. Why 
don't you come ? Huzza for Texas 1 MATTHEW CALDWELL, 

Col. Commanding." 



9g HISTORY OF TEXAS. 

repeated incursions, pui'sued the enemy to the Rio Grande. 
Here a consultation was held, and the larger part of the 
Texan army returned home, but a portion of them, under 
Capt. Fisher, crossed the river and took possession of the 
JNIexican town of Mier. 

Unfortunate Result. — The Mexicans soon rallied in 
large numbers, and after a series of desperate encounters, 
the Texas troops surrendered as prisoners of war upon 
promise of good treatment.* 

Great Disparity of Numbers. — The Mexicans 
engaged in this affair numbered more than two thousand, 
while of the Texans there were but two hundred and sixty. 

After Particulars. — The prisoners thus taken were 
started to the city of Mexico under charge of General 
Ampudia. On the 9th of January, 1843, they reached 
Matamoras, on the 29th they arrived at Monterey, on Febru- 
ary 2d they reached Saltillo, when Col. Barragan took 
charge of them. The prisoners, having no confidence in 
their captors, had agreed to overpower the guard, and make 
their escape. Accordingly, on the 11th of February, when 
about one hundred miles beyond Monterey, and near the 

* The following are the articles of capitulation agreed upon by the contending 
forces at Mier : 

"■First— AW who give up their arms will be treated with the consideration which 
is in accordance with the magnanimous Mexican nation. 

"Second — Conformablj' wiih the agreement which Gen. Fisher has made with me, 
all persons belonging to the Santa Fe expedition, will receive the same treatment 
as the rest. 

" Third— A\\ who desire to avail themselves of these terms, will enter the sqnare 
and doHvor up their arms." 

The following letter was addressed by Col. Fisher to Gen. Ampudia, Com- 
mander of the Mexican forces: 

Sir : The forces which, through the chances of war, I now surrender to yon, are 
composed of tlie most valiant and intelligent citizens of Texas. They have con- 
tended manfully against your superior force, and have only yielded when it was 
deemed folly longer to contend. Your established character as a brave and mag- 
nanimous officer, is a certain guarantee to me that they will be treated as brave men 
deserve, I have the honor to be respectfully yours, W, S. FISHER, 

Commanding, 

To Gen. Pedro De Ampudia, Commanding Mexican urmy. 



HISTORY OF TEXAS. 9T 

hacienda Salado,* they made a simultatieous attack upon the 
guards, and havhig killed and disarmed many of them, suc- 
ceeded in making their escape, and started on their way 
home. They soon got lost amid the barren hills of Mexico, 
and suffered dreadfully for want of food and water. Some 
became deranged, and some died of exhaustion. In a few 
days they were re-captured, tied in pairs, and marched back 
to the Salado, whei'e the order of Santa Anna, hereafter 
spoken of, was received. Of the 193 who escaped, five died 
of starvation, three were never heard of, and several made 
good their escape to Texas. 

The Black Bean. — In retaliation for this bold at- 
tempt to escape, Santa Anna ordered that every tenth man 
of the captives should be shot. Accordingly, a vessel con- 
taining one hundred and fifty-nine white beans and seven- 
teen black ones, was brought, and each prisoner compelled 
to draw one. The terrible ceremony was performed by the 
Texans with unflinching fortitude. The poor fellows who 
di-ew the black beans were bound together by twos, their 
eyes bandaged, and were then deliberately shot by a platoon 
of soldiers detailed for that inhuman purpose. The remainder 
of the unfortunates were cast into the dungeons of Mexico, 
where they remained until their release by Santa Anna in 
September, 1844. 

Defensive Measures. — The seventh Congress of 
Texas, which met at Washington in December, 1842, passed 
an act calling into service six companies of mounted militia 
or minute men, who should be ready for instant action in 
case of any future invasion from Mexico. This force was 
under the command of Gen. Thomas J. Rusk. 

Additional Measures. — In addition to the above 

* Hacienda. — Tho plantation, or collection of plantations, together with the 
dwellings of dopendeuts, belonging to a Mexican Grandee. 



'^S H I S T O K Y O F T E X A S . 

force, a regiment of mounted men or " Texas Rangers," as 
they were called, was organized and kept in the field. Tliis 
troop was under the independent command of Capt. John 
C. Hays, or Jack Hays, as he was familiarly called, and did 
efficient service in guarding the frontier. 

Better Prospects. — The year 1843 dawned upon 
more encouraging prospects for Texas. An armistice was 
agreed upon between Santa Anna, President of Mexico, and 
the Texas government, providing for the cessation of hos- 
tilities between the two with a view of peace negotiations. 

The Indians more Peaceful. — Under the prudent 
management of President Houston, the Indian tribes became 
more peaceably disposed, an abundant harvest was reaped, 
a large number of immigrants came to the country, and 
everything looked more encouraging. 

Annexation. — In December, 1843, President Tyler 
sent to the United States Congress his message recommend- 
ing the annexation of Texas ; and commissioners were sent 
from Texas to Washington, D. C, to bring about this con- 
summation. 

England and France Object. — The agents of these 
powers at once protested against this measure, and after dis- 
cussion, the Senate of the United States rejected it in June, 
1844. Tliis was a great disappointment to the people of 
Texas, but the feeling became general that annexation would 
not much longer be postponed. 



QUESTIONS ON CHAPTER XVII. 

What, occurred in Septi'mbor, 1842 ? What was the result? What ahont the 
•nptiire of the Court ? What battle took place 1 What about the Mier expedition ? 
What was the number of Tcxans ? What of the Mexicans f What was the order 
of Santa Anna ? Tell about the black bean ? When did the seventh Congress meet ? 
What measures did it adopt ? What is said about the prospects of Texas in 1843 ? 
What at)out annexation ? Were England and France in favor of it ? What did the 
Senate of the U. S. do in reference to it r What was the feeling in Texas ? 



CHAPTER XVIII. 

Anson Jones President. — In September, 1844, Doc- 
tor Anson Jones* was elected President, and K. L. Ander- 
son, Vice-President, of Texas. 

Regulators. — During the years 1842-3 and 4, a state of 
tilings existed in some of the eastern counties bordering on 
Louisiana, which calls for a brief notice at our hands. At 
the instigation of a bold and desperate man named Jackson, 
a part of the citizens of two or three counties organized 
themselves into a society called Regulators, ostensibly for the 
punishment of crime. 

Moderators. — To counteract this proceeding, another 
part of tlie community banded themselves into a fraternity 
called Moderators. Thus for yeai-s the people of the several 
counties were arrayed against each other in deadly warfare. 
In 1844, affairs became so desperate that the State troops 
were called out to disarm and overawe the outlaws.f 

* Anson Jones was born in Massachusetts in 1798. He studied medicine, and 
commenced its practice in Philadelphia in 1826. He came to Texas in 183.3. During 
her struggle for independence he enlisted in the army as a private soldier. He was 
elected to the second Congress of Texas in 1837. In 1838 he was appointed Texas 
Minister to the United States. In 1844 he was elected President of Texas, which 
position he held until after annexation, when he surrendered the executive office to 
Governor Henderson, who had been elected first Governor of the State of Texas. 
He put an end to his life in a fit of mental aberration in 18.58. 

+ The following account of the conclusion of the troubles is given b}' Captain 
Simpson: "Moorman was, in 1844, Captain of the Regulators, and Bradley of the 
Moderators. Moorman killed Bradley at the church door, in San Augustine, at the 
close of divine service, one evening, in the summer of 1844, and then retired to 
Shelby county. A writ for his arrest was placed in the hands of the sheritf of that 
county. Moorman resisted, and was sustained by the Regulators, while the Mod- 



100 HISTORY OF TEXAS. 

Annexation Accomplished. — James K. Polk was 
elected President of the United States in November, IS44. 
On the 25th day of February, 1845, a joint resolution for 
the annexation of Texas passed the House of Representa- 
tives, and on the first of March, the Senate of the United 
States. On the same day, President Tyler, before retiring 
from office, had the satisfaction of giving his official sanc- 
tion to a measure which for years he had earnestly advo- 
cated. A few months later, the people of Texas, at the bal- 
lot-box, ratified the contract of annexation, and the '• Lone 
Star State," became one of the members of the United 
States federation. 

General Jackson's Congratulation. — It will not 
be inappropriate to give here an extract from a letter from 
the hero of Xew Orleans to his former companion in arms, 
and intimate friend, the hero of San Jacinto : 

" I congratulate you — I congratulate Texas, and the 
United States — upon this glorious result, upon wliich greatly 
depended the safety and prosperity of both. I now behold 
the American ea^le hovering over the lone star of Texas — 
with cheering voice welcoming it into the mighty Union ; 
and at the same time proclaiming to Mexico, and all foreign 
powers : ' You shall not hereafter infringe upon the rights 
of Texas — the stars and stripes from this time fortli defend 
her.' Glorious result, in which you, General, have acted a 
noble part ; and your name is now enrolled among the 
heroes, patriots and philanthropists of the world." 

Indian Treaty.* — In February, 1845, a treaty of 

erators rallied around the sheriff. Thus the two parties, numhcrinir one hundred 
and seventy-five men each, were arrayed against each other. They fortified, and for 
weeks were under arms, durinj; which time about fifty were killed and wounded. 
The State militia heinjr ordered out, captured Moorman, and dispersed the combat- 
ants. Moorman w^as killed by Doctor Burns two or three years after." 

• This curious document is here given, both as a matter of history and to give 
the reader the names of the Indian tribes of Texas and their chiefs. 



HISTORY OF TEXAS. 



IQl 




Lmjia2<& Fiom MunttiWb Comprehensiie Geogiaphy 

amity was consummated between the Republic of Texas, 
through agents appointed for that purpose, and all the In- 
dian tribes and parts of tribes within her borders, to whom 
access could be obtained. This treaty of peace was formal- 
ly drawn up, and signed by the representatives of the Indian 
tribes on their part, and the officers and President of the 
Republic of Texas, and procured an interval of peace be- 
tween the Indians and whites. 



TREATY. 

Whereas, A treaty of peace, friendship and commerce 
between the Republic of Texas and the Comanches, 
Keechis, Waco, Caddo, Anadahkah, Tonie, Delaware, Shaw- 
nee, Cherokee, Lipan and Tahwahkarro tribes of Indians, 
was concluded and signed at Tahwahkarro creek, on the 
ninth day of October, 1844, by Thomas J. Smith, J. C. 



1 >3 HISTORY OF TEXAS. 

N'cil, and E. INIorehouse, Commissioners on the part of the 
Iiepublic of Texas, and certain chiefs, headmen and warriors 
of tlic tribes of Indians aforesaid, on the part of said tribes — 
which treaty is in the followinsf words, to wit: 

'* Whereas, Hostilities have heretofore existed betAVoen 
the White and Red men of Texas, to the injury of both ; 
and whereas, a longer continuance of such hostility would 
lead to no benefit to either, but increase the evils which 
have unhappily rested upon the two races ; and, whereas, 
both parties are now willing to live in peace, harmony and 
trade, and are desirous of establishing certain solemn rules 
for the regulation of their intercourse." Therefore, etc. 

The treaty then goes on to say in substance, that the In- 
dians shall always be friendly ; shall not make war upon, 
nor permit any of their number to make war upon the 
whites, nor kill them, nor steal from them; neither shall 
they make any treaty with any tribe or nation who shall 
make war upon the people of Texas ; nor shall they kill any 
women or children under any circumstances ; and in case a 
war should ever arise between them and any other nation or 
people, they shall never kill any person bearing a white flag ; 
also in case any property shall be stolen from the whites, it 
shall be promptly restored. And the Government of Texas 
agrees on its part to establish trading posts on the frontier, 
to supply the Indians with guns, powder, blankets, cooking 
utensils, and other articles necessary to their comfort and 
convenience, and that they will not cheat or defraud them, 
nor permit any agent to do so ; nor Avill they sell to the In- 
dians any whisky or other intoxicating liquor ; and they \f\.\\ 
send them schoolmasters and missionaries to instruct them 
in the English language and the Christian religion. " It is 
also agreed that in case any trouble shall arise between the 
two races, the Indians shall send an agent with a flag of 



HISTORY OF TEXAS. 103 

truce to the President of Texas, who will remove the cause 
of the trouble ; and the President shall, from time to time, 
make such regulations as shall be best for the peace and 
happiness of the tribes. 

" It is finally stipulated that there shall be a general 
council held once a year, when the chiefs of the Indians and 
the officers of the Republic of Texas shall meet and consult 
together." 
■* This treaty is signed by the following tribes, to wit : 

Comanches Pochanaquahip, ^ 

Monepachacope, | 

Chomopadua, V War chiefs and chiefs. 

Anoketchtowee, j 
or White Plume, j 

Keohis Tecarkequache, ^ 

Acarquash, I .^r u- r j v.- i? 

Wacoes Nahashtowee, > ^^'^ ^^^^^^ ^"^ ''^'^^'- 

or Lame Arm. 

Caddos Charstuscowow, 

Binchah, V Chiefs. 

Red Bear. ) 

Anadahkahs .... Jose Maria Chief. 

lonies Bead Eye Chief 

Delawares San Luis, ) ^^j^.^fg^ 

Roasting ii,ar, ) 

Shawnecs Black Cat Chief. 

Tahwahkarros. . . . Nakawa, ) 

Castilla, >• Captains. 

Toyakara, ) 

Caddos Codah, 

Tall win, 

Ishshahomo, )- Captains. 

Chawah, 

Decatur. 

Cherokees Oukstahalah Chief. 



I 



104 HISTOliY OF TEXAS. 

Lipans Ramon Castro, ) pi • f 

Capital! Cliico. [ 

Signed by the Interpreters. 

Ansox Jones, President of Texas, 

The above treaty was concluded and went into effect in 
February, 1845. 

lAst of the Presidents of the Bepuhlic of Texas : 
David G. Buknet, President ad interim 1836 

Sam Houston 1836 

MiKABEAU B. Lamar 1838 

Sam Houston 1841 

Anson Jones 1844 



QUESTIONS ON CHAPTER X^^II. 

When was Doctor Anson Jones elected President ? Who Vice-President ? Tell 
about the Regulators. The Moderators. When was annexation accomplished ? 
Who was President of the U. S. ? Who signed the joint resolution before retiring 
from office ? When did the measure pass the House ? The Senate ? When did the 
people of Texas endorse it ? Who wrote a letter of congratulation ? To whom ? 
What treat}' was made in February, 1845 ? With what tribes of Indians ? What 
cflFect did it have 2 



PERIOD III. 



FROM 1845 to 1870. 



THE 



STATE OF TEXAS, 



CHAPTER XIX. 

RECAPITULATION. 

First. — We have briefly traced the history of Texas 
from the time when the adventurous La Salle set foot upon 
its shores. We have seen how, when the French colonists 
had failed to establish themselves, the Spanish sent out their 
priests and soldiers, and planted their missions at a great 
expense throughout the vast territory. We have marked 
how, after a century of Spanish and Mexican misrule, no 
advance had been made in Christianity or civilization ; and 
the resources of Texas were still undeveloped. 

Second. — We have seen the Anglo-American settlers 
come from the older States, and with a will that has never 
been thwarted, build their dwelling-houses, their churches, 
and their school-houses in the wilderness. We have seen 
these sturdy colonists, with one ai"ra warding off" the arrow 
of the savage, and with the other tilling the soil, going 
steadily onwai-d, and increasing in numbers. Again we 
have beheld how, when the yoke of Mexico had become in- 
tolerably oppressive without affording them any protection, 
the brave yeomanry of Texas banded together, and with a 
united and mighty effort, drove the minions of that dynasty 
from its borders. 

Third. — We have seen the infant Republic, after having 
achieved her independence, standing for years in poverty 
and rags, ani tremblingly knocking for recognition at the 



108 H I S T O K Y OF TEXAS. 

doors of the mighty nations of the earth. At length, after 
many delays, Ave have had tlie satisfaction of beholding, one 
after another, these doors opened, and the right hand of fel- 
lowship extended by these nations, until at last, impelled by 
ties of consanguinity, Texas has been received and acknowl- 
edged a member of the family of the United States. 

Finally. — It remains for us to recount the princiiDal 
events in the history of Texas since slie became one of the 
sistei'hood of these States. 

Convention of 1845.* — In July, 1845, the convention 
elected by tlie people of Texas to frame a State Constitution, 
assembled at Austin, It was an able body of men, and the 
object of their meeting was performed well and faithfully. 

Gen. Rusk's Remarks. — Upon opening the Conven- 
tion, Gen. Rusk spoke as follows : " We should have one 
object in view, and that is to enter the great Confederacy 
with becoming dignity and respect. Let us lay aside all 
minor considerations, and avoid all subjects calculated to 
divide us. Let us march boldly and consistently up to the 
formation of a State Constitution which shall secure to us 
our rights ; shall satisfy our friends abroad ; and shall meet 
the approbation of that God to whose bountiful providence 
>ve are so much indel)ted." 

Constitution Adopted. — The Constitution framed Ijy 
this Convention was submitted to a vote of the people, and 
adopted in November, 1845, and at the same time, J. Pinck- 
ney Hendersonf was elected first Governor, and on the 

* Thomas J. Rusk was President of this convention, and James H. Raymond, 
Secretary. 

+ James Pinckney Henderson was born in North Carolina in 1809. Re studied law, 
and was admitted to the bar at the age of twenty-one. In 1836, he raised a com- 
pany of volunteers in Mississippi, and came to Texas. In November. 18.30, he was 
appointed .Vltorney-General of Texas. In ISo", he was appointed Minister Pleni- 
potentiary from Texas to Ent;land and France, to secure the recogniliou of Texas by 
tlir)se jiowers. lieturning to Texas in 1810, ho resumed the practice of law. In 
184-1, he was appointed one of the Envoys to Washington, to negotiate a treaty of 



HISTOKY OF TEXAS. 109 

same ticket, A. C. Horton,* first Lieut.-Govenior of the 
State of Texas. 

Henderson's Administration commenced under 
favorable circumstances. The annexation of Texas to the 
United States at once gave to the former credit abroad, as 
well as a feeling of security among her citizens. Although 
a heavy debt was pressing upon her, its payment was no 
longer a doubtful question. Her immense public domain 
was in itself a mine of wealth. Therefore she offered in- 
ducements to settlers equalled by no other State, and the 
tide of immigration rolled uninterruptedly to her borders. 

War -with Mexico. — The dynasty of Mexico was 
not willing to see the highly-prized territory of Texas slip 
from her grasp without an effort to retain it. The Mexican 
Minister at Washington (Almonte) demanded his passports, 
and the American Minister at Mexico was refused official 
intercourse, on account of the annexation of Texas. Presi- 
dent Herreraf issued a proclamation declaring " that the 
annexation of Texas to the United States in no respect 
affected the rights of Mexico to the former, and that she 
would maintain it." 

The Question Settled. — The war between Mexico 
and the United States followed. Its result is well known to 
our readers. In this struggle the Texans took an active 
part, and the Rangers of the " Lone Star State " won many 
laurels upon bloody fields. In the treaty made at the con- 
annexation. In 1845, he was elected a delegate to the convention to frame a State 
constitution. In November, of same year, he was elected first Governor of Texas. 
The war with Mexico breaking out. Gen. Henderson took command of the Texas 
troops, and served with ability and distinction until its close. In 1857, he was 
elected by the Legislature to the Senate of the United States in place of the lament- 
ed Rusk. In spite of feeble health, he repaired to the National Capital, but had 
scarcely entered upon his duties when he was stricken down by the hand of death. 

* During the absence of Governor Henderson, the executive affairs of Texas 
were managed with dignity and wisdom, by acting-Governor A. C. Horton. 
+ President of Mexico. 



no HISTORY OF TEXAS. 

elusion of this war,* Mexico forever renounced all claims to 
the territory of Texas. 

Wood's Administration. — George T. Woodf was 
elected second Governor of Texas, and John A. Green, 
Lieut. Governor, in 1847. The administration of Wood was 
marked by few events of note. Texas was at peace. The 
laws were respected. The Indians were comparatively quiet, 
and population and wealth were flowing into the State with 
great rapidity. 

1847 to 1849. — The proceedings of the first and 
second Legislatures were chiefly directed to putting into 
successful operation the machinery of the new State Govern- 
ment. Courts were established, public buildings erected or 
projected, counties organized, towns incorporated, and other 
growing wants of the new commonwealth provided for. 

* Treaty of Guadaloupe Hidalgo.— On the second day of February, 1848, the 
treaty signed by the Mexican Commissioners and Mr. Trist, at the city of Guada- 
loupe Hidalgo, stipulated that the boundary line should "commence at the mouth 
of the Rio Grande, three leagues from the land; thence running up the middle of 
said river to the southern boundary line of New Mexico ; thence running along 
Baid boundary to its western terminus ; thence north along the west boundary of 
Kew Mexico, totheiiist branch of the river Gila; thence down said river to the 
Rio Colorado ; thence crossing said latter river and following division line between 
Upper and Lower California, to the Pacific Ocean at a point one league due south of 
the southernmost point of San Diego." The treaty also stipulated that " the inhab- 
itants of the territory thus ceded to the United States should be forever protected 
in rights of person ard property ; and ae soon as practicable, be admitted to citi- 
zenship in the United States, and the United States should pay to Mexico the sum of 
fifteen million dollars in money." 

t George T. Wood was a native of Georgia. He came to Texas in 1&36. He was a 
Senator in the first Texas Legislature, was in the Mexican war in command of a 
regiment of Texas volunteers, and was elected Governor in 1847. He died in 
Panola county, Texas. 

QUESTIONS ON CHAPTER XIX. 

Give a summary of the history of Texas up to this time. When did the first 
Constitutional Convention for the State of Texas meet ? Where ? Who was 
President ? Secretary ? Give Gen. Rusk's remarks on opening the Convention. 
When was the Constitution framed ))y the Convention adopted ? Who was elected 
first Governor ? Lieiit. Governor? What was the condition of Te.xas at the be- 
ginning of th«! State Government ? How did Mexico regard the annexation of 
Texas 1 What did the President of Mexico say ? How was the question as to the 
right of Mexico settled ? Who was second Governor and Lieut. -Governor ? When 
elected ? What was done bv the first and second Legislatures of Texas ? 



CHAPTER XX. 

Bell's Administration. — P. Hansboro Bell* was 
elected Govei'nor, and John A. Greer, Lieut.-Governor, of 
Texas, in 3 849. 

In 1851, Bell was re-elected, at which time J. W. Hen- 
derson was elected Lieut.-Governor. 

The Boundary Compromise. — This was the matter 
of the greatest moment which transpired during the two 
terms of Governor Bell. In 1850, the Congress of the 
United States agreed to pay to the State of Texas ten rail- 
lion dollars, upon condition that the latter should cede to the 
territory of New Mexico a portion of her Northwestern 
boundary. An election having been ordered for the purpose, 
the people of Texas voted to accept the terms offered, and 
the bargain was concluded. 

Texas in Easy Circumstances. — This gave to 
Texas abundant means to pay her indebtedness, and embark 
with bright prospects upon her future career. 

Indian Affairs. — In January, 1850, the Indian tribes 
having again become troublesome, the Legislature of Texas 
adopted a joint resolution, asking indemnity for depreda- 

* p. Hansboro Bell was a native of Virginia. He came to Texas in 1837. He 
was for some time in command of the Texas troops upon the Indian frontier. He 
was elected Governor of Texas in 1819, and again in 1851. He was elected repre- 
sentative to U. S. Congress in 18.53. and again in 1855. After his marriage, which 
look place while he was Representative in Congress, he removed from Texas to 
Korth Carolina, where he now resides. 
5* 



112 HISTORY OF TEXAS. 

tions committed by Indians upon the border settlers, and 
asking an adequate force for their protection. 

In September, 1850, the Legislature passed a joint reso- 
lution demanding the removal from the limits of Texas, of 
all Indians who had migrated thither from territories of the 
United States. 

Public Buildings. — During Bell's official term, the 
State Capitol, the State Treasury building, the Comptroller's 
office, and the General Land office, were erected at Austin. 
The last has since been enlarged, and converted to the use 
of the Supreme Court. 

J. W. Henderson's Administration. — Governor 
Bell was elected to Congress in August, 1853, and between 
his retirement from the executive office and the inauguration 
of Governor Pease, in December, the affiiirs of Texas were 
administered by J. W. Henderson, acting Governor. 

Colony Claims Settled. — The third Legislature of 
Texas passed an act to settle the claims of the colonists in- 
troduced into Texas, under contracts between the Republic 
of Texas, and Peters, Castro, Fisher, and Miller, and others. 
The law granted to heads of families, under certain condi- 
tions, 640 acres, and to single men, under same conditions, 
320 acres. 

Pease's Administration. — Elisha M. Pease* was 
elected to his lirst Term as Governor of Texas, in 1853. At 
the same time, Doct. D. C. Dickson was elected Lieut.-Gov- 

* Elisha M. Pease was bom in Connecticut in 1812. lie was educated to the pro- 
fession of the law. lie came to Texas in 1835. He was Secretary of the General 
Consultation at San Felipe, in 1853. He was chief clerkin theNavy, and also in the 
Treasury Department under the government ad intenm, holding the latter post un- 
til the adjournment of the first Congress. In .Tune. 1837, ho was appointed Comp- 
troller of Public Accounts, by General Houston. This he resigned in December, 
1837. After annexation. Gov. Pease was elected successively to the House in the 
first and second Legislatures of Texas, and Senator in the third Legislature. In 
18.53, and again in 1855, he was elected Governor. In 1807, he was by General Sheri- 
dan, appointed Provisional Governor, which post he resigned in 1869. He now re- 
sides at Austin, Texas. 



HISTORY OF TEXAS. 113 

ernor. Pease was re-elected in 1855, unci Hardin R. IJun- 
nels, Lieut.-Governor, at same time. During Pease's two 
terms, much of importance to Texas was accomplished. 

Debt of the Republic Canceled. — During this 
period the debt of the Republic of Texas, or the " revolu- 
tionary debt," as it was called, was finally settled, and 
Texas stood before the world with a balance sheet in her 
favoi'. 

The Asylums Founded. — In 1855-6, three humane 
institutions for maintaining and educating the deaf and 
dumb, and the blind, of Texas, were established and put 
into operation ; and steps were taken for the erection of a 
hospital for the insane. One hundred thousand acres of land 
were set apart as a permanent capital for the support of each 
of these asylums. 

Other Public Buildings. — The New Land Office 
and the Executive mansion were also built about the same 
time. 

Criminal Code. — During Pease's term, the penal code 
and code of criminal procedure of Texas, substantially as 
they now exist, were adopted and put in force. 

A Permanent School Fund. — The fifth Legislature, 
in accordance with Executive recommendation, appropriated 
$2,000,000 of the U. S. bonds received in settlement of the 
Northwest boundary compromise, as a permanent school 
fund. This was the first practical step in the direction of 
establishing common schools in Texas. 

Railroad Act. — The fifth Legislature also passed a 
law granting to railroads sixteen sections of land per mile, 
for every mile of road in actual operation, after the com- 
pletion of the first twenty-five miles ; also, tendering to 
them a loan of money under certain conditions. This law 



ll-i HISTORY OF TEXAS. 

had the effect to give a great impetus to the railroad inter 
ests of Texas. 

Cart War. — In 1856, occurred what is known as the 
Cart war. The principal hauling of goods from the coast 
to San Antonio, had been done by ^Mexican teamsters with 
their carts drawn by bullocks. These teamsters were em- 
ployed on account of the low wages for which they Avere 
willing to work. The Texan wagoners, unable as they said 
to work for the same prices, brought about several minor 
collisions with the Mexicans, which at length resulted in 
general hostilities between the teamsters. Several were 
killed, and affairs assumed so serious an aspect that the 
Governor was forced to order out the State troops to sup- 
press the trouble. 

Indian Reserves. — With a view of encouraging 
friendly relations with the Indians, the fifth Legislature of 
Texas passed an act setting aside twelve leagues of land for 
the sole use of the various Indian tribes. Upon this terri- 
tory the Federal government was invited to establish posts 
and trading stations. 

An Indian agent was appointed to carry out the plan of 
locating the Indians, and protecting them in their rights. 
These measures of pacification seemed for a time to promise 
well, but bad management on the part of the whites, and 
bad faith on that of the savages, has since resulted in re- 
peated collisions, which have caused the abandonment of the 
reservations. 

Important Law in Regard to Wills. — In Jan- 
uary, iSoC), the Lc'gishituri' ol' Texas })assi'(l tlie following 
act : " All persons are hereby authorized and permitted to 
dispose of their own estates, real and personal, by wills or 
otherwise ; and the 13th and 15th sections of the act of 
January 28, 1840, and all others conflicting with this, shall 



HISTORY OF TEXAS. 115 

be and are hereby repealed." Previous to this time, a testa- 
tor having children, could not legally disjjose of more 
than one-fourth of his property, except for certain purposes 
specified in the law. 



QUESTIONS ON CHAPTER XX. 

Who was elected Governor of Texas in 1849 ? Who Lieut. -Governor ? Who in 
1851 ? What compromise was effected in 1850 ? What was done about Indian af- 
fairs ? What public buildings were erected during Pease's administration ? When 
was Bell elected to Congress ? Who was acting Governor ? What was done about 
colony claims ? Who was made Gofernor in 1853 ? Who Lieut.-Governor ? Who 
in 1855 ? What debt was canceled at that time ? What asylums were founded in 
'55-6? How were they provided for ? What other public buildings ? What was 
done for common schools ? What for railroads ? What important laws were made ? 
What war took place in 1855 ? Tell about it. Tell about the Indian reservations. 
What railroad acts were passed by fifth Legislature i 



CHAPTER XXI. 

Runnels' Administration. — Hardin K. Runnels,* 
was elected Governor, and Frank R. Lubl)ock, Lieut. -Gover- 
nor, of Texas, in 185V. 

Public Buildings. — During Runnels' term, the State 
Lunatic Asylum, two miles north of Austin, was erected. 
A new edifice for the institution for the education of tho 
blind was also built. The proceedings of the Legislatures 
of 1857 and 1858, exhibit little of special interest. 

Sectional Hostilities. — During the years 1857 to 
1860, the 8})irit of bitterness wliich had long existed between 
the Northern and Southern LTnited States on the question of 
slavery, was sensibly felt in Texas politics, and yearly in- 
creased in intensity. 

Election of 1859. — In this election, the candidates 
presented to the people of Texas for the gubernatorial chair 
were IL R. Runnels, who had held the office one term, and 
General Sam Houston. The canvass was wai-m and excited, 
and resulted in the election of Gen. Houston, who was in- 
augurated in December of that year. Col. Edward Clark 
was at the same time elected Lieut.-Governor. 

Cortina War. — Soon after Houston became Gover- 
nor, troubles broke out upon the Rio Grande frontier, in 

* Hardin R Runnels was born in Mississippi. Came to Texas abont the year 
1842. Was Speaker of the House of Representatives in 1853. AVas Lieut.-Governor 
of Texas (luring Pease's second term of office. Was elected Governor in 1857. He 
uow resides in Bowie county, Texas. 



HISTORY OF TEXAS. 117 

consequence of depredations committed by the Mexican ad- 
venturer, Don Juan N. Cortina* and his followers, number- 
ing near four hundred men. Much excitement prevailed in 
western Texas, and many volunteered for a campaign. By 
authority of the Legislature, troops were called out, and 
vigorous hostilities were entered upon against the insurrec- 
tionists, which, in a few months, resulted in driving them 
across the borders into Mexico. 

Disunion in Texas. — The election of Abraham lAn- 
coln to the Presidency of the United States in the fall of 
1860, was the signal for the outbreak of the storm which had 
been so long gathering over the American Union, and its 
thunders were soon heard in Texas. Its culmination was 
delayed by the prudence of the aged and clear-headed states- 
man who was then at the head of the Texas State Adminis- 
tration. The cry for secession, which at first was by no 
means general, rapidly gained strength. 

An Extra Session. — Governor Houston for some time 
withstood the efforts made to induce him to convene the 
Legislature in extraordinary session. He issued an address, 
saying in effect : " that he desired to conform to the Avill of 
the people ; that he believed the people should take a firm 
stand in defence of their rights, but that he opposed the in- 
dividual secession of States ; and to secure united ac- 
tion, he recommended a consultation of all the Southern 
States." 

The Governor too Slow. — But the calm advice of 
the Executive by no means comported with the haste of the 
friends of secession. His position was considered unde- 
cided and temporizing ; and they insisted upon immediate 
action. 

* J. N. Cortina, a man of singular daring and energy, is still from time to time 
exciting public attention in Mexico 



lis H I S T O K Y OF TEXAS, 



QUESTIONS ON CHAPTER XXI. 

Who was elected Governor in 1857 ? Who Lieut. -Governor ? What public 
buildings were erected during that and the next year ? What feeling gained ground 
between 1857 and 1860 ? Who was elected Governor in 1859 ? Who Lieut. -Gover- 
nor ? What trouble took place on the Rio Grande border ? Tell about it ? What 
was the signal for secession ? What was the position of Governor Houston ? What 
did he say in his address ? Did this advice suit the friends of secession ? 



CHAPTER XXII. 

A Convention. — A call was made by sixty-one indi- 
viduals for a convention to meet at Austin. Upon this call, 
and in obedience to its recommendation, an election was 
held, and delegates chosen. This assembly convened at 
Austin on January 28th, 1861. 

The Legislature Convened. — Governor Houston, 
meanwhile, in order to secure a full expression of the will of 
the people, and also to avoid a collision between the State 
authorities and the convention, issued his proclamation call- 
ing together the State Legislature, which assembled at Aus- 
tin, January 22d, 1861. 

The Governor's Message. — When the Legislature 
had organized, the Governor addressed them a message, 
saying : " that he did not approve the calling of a conven- 
tion at that time ; that he believed that by calmness and 
prudence the union of the States could yet be preserved." 

The Legislature Endorses the Convention. — But 
the Legislature, by a joint resolution, sanctioned the meet- 
ing of the convention, which a few days afterward assem- 
bled. 

Secession Accomplished. — An ordinance of seces- 
sion was, upon the 5 th day of February, 1861, passed by 
the Convention by a vote of 166 ayes, to 6 nays. This ac 
tion was submitted to the people for ratification or rejection, 
ou the 23d day of the same month ; and was endorsed by a 



120 IIISTORYOFTEXAS. 

vota of 34,794 for secession, and 11,235 against. Tlie vote 
of Texas, in the presidential election the previous fall, had 
been 63,000. 

The Southern Confederacy. — On the 5th day of 
March, 18C1, the Convention instructed delegates from 
Texas to apply for her admission into the Southern Confed- 
eracy. The Convention also passed an ordinance requiring 
all officers of the State Government to appear before that 
body, and take an oath of allegiance to the new govern- 
ment. 

Governor Houston Declines. — This ordinance not 
being complied with by the Governor, the Convention de- 
clared his office vacant, and directed Lieut. -Governor E. 
Clark, to assume the Executive duties. The Secretary of 
State, E. W. Cave, and the Superintendent of the State 
Lunatic Asylum, Doct. B. Graham, also failing to take the 
required oath, were removed by the incoming Governor. 

Gov. Houston Retires. — Governor Houston left* his 
official chair on the 18th day of March, 1861. This was the 
end of his public career. He retired to the privacy of his 
home in Huntsville, Walker county, where he died in July, 
1863. 

His IVEemory. — His well-earned fame, and the remem- 
brance of liis virtues, are alike the property of his country- 
men. The praise of the historian is not needed to magnify 
the one, nor could his silence or his censure detract from the 
other. 

* The Convention of 1866 passed an ordinance recognizing; his claim to his 
oftlco and salary, during the unexpired term, and ordered the payment of the 
amount. The following is the ordinance : 

^'Resiolred, That his Excellency, A. J. Hamilton, Provisional Governor of this 
State, be authorized and requested to cause to be paid out of any money in the 
Treasury of this State, not otherwise appropriated, to the widow of CJen. Sam 
Houston, the sum of nineteen hundred and twenty-five dollars, the amount due 
him as Governor elect of this State for the full term for which he was elected." 
Passed March 27, 1866. 



H I S T O li Y OF TEXAS. 121 

Clark's Administration. — On the 18th day of June, 
1861, Governor Clark* issued a proclamation forbidding all 
intercourse with people of the Northern States, suspend- 
ing all existing contracts, and declaring null all that should 
be made during the war ; also warning all citizens of North- 
ern States to depart from Texas within twenty days. 



QUESTIONS ON CHAPTER XXII. 



How was the call for a convention made ? When did it meet ? When did the 
Governor call the Legislature ? Whj' did he call it ? What message did he send to 
it ? What did the Legislature do ? What was done, Feb. 5, 1861 ? Did the people 
ratify? By what majority ? What had been the vote of Texas the fall before? 
What did the Convention do, March 5, 1861 ? Did the Governor comply ? Who then 
became Governor ? What other 'officials declined to take the oath ? When did 
Gov. Houston retire ? When did he die ? What about his memory ? What procla- 
mation did Gov. Clark issue, June 18, 1861 ? 



* Edward Clark is a native of Georgia. He was a member of the Constitutional 
Convention of 1845. He was a member of the House in the first Legislature of 
Texas, and Senator in the second. He was Secretary of State under Governor 
Pease. He was elected Lieut. -Governor in 1859, and became Governor on the re- 
tirement of Gen, Houston, in 1861, He now resides in New Orleans, La. 



CHAPTER XXIII. 

Lubbock's Administration. — The election of Au- 
gust, 1861, resulted in the choice of Frank R. Lubbock,* for 
Governor, and John M. Crockett, for Lieut.-Governor of 
Texas. This administration Avas inaugurated the next De- 
cember. During Lubbock's terra of office all the energies 
of the State were directed to furnishing soldiers for the 
army of the Confederate States, and contributing to their 
support. Not less than sixty regiments, containing as many 
men as there were voters in the State, were by conscription 
and voluntary enlistment, enrolled for military duty. 

Army Supplies. — The fertile plains of Texas produced 
during the years 1862-3 and 4, more than usually abundant 
crops. Tmmcnse quantities of breadstuffs were by her an- 
nually furnished to the armies in the field. Tens of thou- 
sands of cattle were also yearly driven from her prairies 
across the Mississippi river to feed the soldiers of the Con- 
federate States. 

The Sibbley Expedition.— In 1862, an unfortunate 
expedition was set on foot against the U. S. military posts 
in New IMexifO. The command consisted of thirty-five 

* Frank K. Lubbock is a native of South Carolina. He rame to Texas in 18.3fi. lie 
waf for a stiort time Comptroller of Public Accounts, during the existence of the 
Republic of Texas. lie was for many years Clerk of the District Court of Harris 
county, which position he filled with marked ability and fidelity. He was elected 
Governor of Texas in 1861. He npw resides in Houston, Harris qounty, Texas. 



HISTORY OF TEXAS. 123 

hundred volunteers under the general command of Gen. G. 
H. Sibbley. After many privations and much hard fight- 
ing, the expedition returned, having lost many of their 
number, and failed to accomplish the object of their mis- 
sion. 

Galveston Taken. — In October, 1862, Galveston 
island surrendered to the U. S. forces under Commodore 
Renshaw. 

Again Occupied. — During the latter part of the year 
1863, the coast of Texas, from the lower Rio Grande as far 
east as the bay of Matagorda, was temporarily occupied by 
the Federal forces under General Banks. 

Galveston Re-taken. — On the night of January 1, 
1863, Galveston was re-taken by the Confederate forces under 
General Magruder. Several Federal gunboats were de- 
stroyed, and a part of the Forty-second Massachusetts regi- 
ment taken prisoners. 

Blockade Running. — Many cargoes of valuable as- 
sorted merchandise were successfully run through the lines 
of the blockading squadron into Texas ; and many wagon- 
trains, loaded with ai'ticles of necessity and luxury, were 
transported overland by way of Mexico. By these means, 
those who were possessed of sufficient money, especially in 
western Texas, were able to obtain many articles of comfort 
and domestic utility. 

Paper Money. — The paper money of the State of 
Texas, and the treasury notes of the Confederate States, 
which at first passed current at something near the value of 
gold, rapidly depreciated in value, and in 1864, became more 
worthless than had been the " red-hacks " of the Republic, 
representing at last but two-and-a-half cents on the dollar, 
or forty for one. Gold and silver coin had suddenly disap- 



124 HISTORY OF TEXAS. 

peared from circulation early in the war * but after its close, 
reappeared almost as suddenly. 



QUESTIONS ON CHAPTER XXIH. 

Who was elected Governor of Texas in 1861 ? Lieut.-Governor ? What was 
done during Lubbock's term ? How many troops did Texas furnish ? What is said 
about the supplies furnished by Texas ? What expedition was sent out by Texas in 
1862 ? Was it successful ? What part of Texas was taken by Federal troops ? 
When ? Was it held by them during the war ? When retaken ? What other in- 
vasion occurred ? What about blockade running ? What other mode was adopted 
to bring supplies to Texas ? What about the paper money then in circulation ? 



* The following will give the reader some idea of the value of paper money in 
Austin, in 1864. The only apology given for its introduction is that it gives a true 
picture of the currency at that time. Scene is laid in a first-class drug-store in 
Austin. 

Enter Proprietor and Clerk : 

Prop.—" John, what is Confederate money worth to-day ? " 

John.—" Forty for one." 

Prop.— "Please go around to the tax-ofBce and see if any taxes are due to-day." 

Clerk goes out and soon returns. 

John— "Yes, sir; there are several taxes due to-day— namely : quarterly tax on 
sales, thirty per cent on profits, five per cent ad valorem, and income tax, amounting 
in all to ten (10) thousand dollars." 

Prop. — "All right, pay them." 

Enter customer. 

Cust.— " Got any quinine ? " 

Prop. — "Yes." 

Cust. — "IIow much an ounce ? " 

Prop. — " Two hundred and fifty dollars." 

Cust. — " How do you take Confederate money V 

Prop. — " Forty for one. for old issue.'''' 

Cust. — " How much for new issue .? " 

Prop.—" Twenty for one." 

Cust. — " How much for one hundred dollar bills ? " 

Prop. — " Interest or non interest ? " 

Cust. — "Non-interest." 

Prop.—" Forty for one, with an additional discount of thirty-three and a third 
per cent, and ten per cent further deduction for each month since July." 

Cust.- "How much would that be ?" 

Prop.— "Don't know— figure it up yourself." 

Cust.—" How do you take State warrants ? " 

Prop. — "Same as new i*\<f?/«." 

Customer buys his quinine, and an ounce of laudanum, which is put into a junk 
bottle, and stopped with acorn-cob, and then retires. 



CHAPTER XXIV. 

Murrah's Administration. — Pendleton Murrah* was 
elected Governor of Texas, and F. T. Stockdale, Lieut. - 
Governor, in August, 1863. His terra of office is signalized 
by little save the war for secession then raging, in support 
of which all the energies of the State Avere bent.f 

Manufactures in Texas. — During the year 1863, the 
mills at the Texas State Penitentiary at Huntsville pro- 
duced about two and a half million yards of cotton, and a 
quarter of a million yards of woolen cloth. During that and 
the next year, many thousand pounds of powder, hundreds of 
thousands of percussion caps, and several batteries of field- 
pieces, were manufactured at the State factories, at Austin, 
and elsewhere. 

Surrender of Texas. — The surrender of Lee and 
Johnston, and the close of the war in the Eastern States, 

* Pendleton Murrah was a native of Alabama. He came to Texas and settled in 
Harrison county, where he devoted himself to the practice of law. He was a member 
of the State Legislature in 1857. He was elected Governor of the State in 18fi3. He 
went to Mexico after the close of the war, in June, 1865, where he shortly afterward 
died. 

t Gov. Murrah's message to the Legislature, May, 1865, contained a detailed 
statement of the condition of the State at that time, and au extract from it is given 
here. Alluding to the currency, he says, after speaking of the greatly depreciated 
Confederate money : '• The question is now presented to you whether the State shall 
continue to receive the currency (Confederate) at par, and if so, whether she can 
continue to conduct her own operations, and discharge her pecuniary obligations." 

Again, in alluding to the demoralized condition of society, he says : " Imperative 
duty compels me to call your attention to the fearful demoralization and crime pre- 
vailing throughout the State. The voice of the law is hushed, and its authority 
seldom asserted. It is a dead-letter— an uuhouored thing upon the pages of the 
Btatnte-book." 



120 HISTOKY OF TEXAS. 

was soon followed by the surrender of Texas by E. Kirby 
Smith. Gov. Murrah thereupon issued a proclamation* or- 
dering an election of delegates to a convention to restore 
Texas to the Union. A few days afterward he abandoned 
the State capital and went to Mexico. 

The Interregnum. — During the period which inter- 
vened between the surrender of Texas, and its occupation 
by the Federal authorities, great suspense and anxiety pre- 
vailed among the people. 

The Soldiers Disbanded. — For two or three weeks 
each part of the State was in the dark as to what Avas trans- 
piring fifty miles distant. The mails stopped ; there were 
no public conveyances of any kind ; the functions of 
all officers, both civil and militarj^ were considered at an 
end. Twenty thousand soldiers who had been in the service 
several years without pay, were suddenly disbanderl, and 
were traversing the State in all directions on their way to 
their homes ; yet beyond the noise and disorder which pre- 
vailed, no trouble ensued. Tlie soldiei-s were also citizens. 
Their chief desire was to got home ; and at the end of the 
time abovo mentioned, th(> State was in conij^arative quiet. 

The State Treasury Robbed. — On the night of the 
11th June, 1865, a band of armed men entered the State 
Treasury building at Austin, and having cut open two of 
the safes, rifled them of the money therein. The amount 
thus taken is not positively known. 

Hamilton's Administration. — A. J. Hamilton. f who 

♦ The proclamation above alliided to was not regarded. 

t A. J. Hamilton was born in ]\I:idison county, Alabama, January 28, 1815. Was 
admitted to the bar in 18-tl. Was marrifd in iai3. He came to Texas in 1810. Set- 
tled first in Lajraniie, and moved to Austin in 1849. In 1849 he was apiiointed by 
Governor Bell, .\ttorncy-Ooneral of Texas. In 18.51, was elected Representative to 
the State Lei^islature from Travis county, and served in the same capacity in 18.")2. 
Tn 18.56, was chosen elector on the Buchanan ticket. In 18.59 was elected as an in- 
dependent candidate, Representative to Congress from the Western district of 



HISTORY OF TEXAS. 127 

had ill the meantime been appointed by President Johnson, 
Provisional Governor of Texas, reached Galveston, and on 
the 25th day of July, 1865, proclaimed his authority, and in 
the fall following, ordered an election for a reconstruction 
convention. 

lEmancipation. — General Gordon Granger issued his 
general order declaring free the slaves of Texas on the 19th 
of June, 1865 ; and each anniversary of this day is celebrated 
by the colored people of this State. 

An Amnesty. — An oath of allegiance to the Federal 
Government was required to be taken by all citizens of 
Texas ; and a general amnesty, with some exceptions, was 
granted. 

Financial Condition. — A committee* appointed in 
July, 1865, to examine into the finances of Texas, reported 
the total indebtedness of the State to be $8,714,065.67. This 
amount includes the war debt, which was afterward declared 
void by the Convention ; leaving the debt proper of the 
State less than half a million dollars. 

Cash on Hand. — The amount of cash on hand at the 
same time, as shown by report of James H. Raymond, was 
1419,065.37. 

Reconstruction Convention. — This Convention, 

Texas, defeating Gen. T. N. Ward, the Democratic norniuee. Gen. Hamilton was 
one of the few from the South who stood at their posts in Congress, until after se- 
cession was accomplished. He returned to Austin in March, 1861, to find himself 
the Union candidate for the State Senate, from the counties of Travis, Ha3's, and 
Bastrop. To this post he was elected, hut did not take the requisite oath, nor ap- 
pear in the Senate Chamber. In 1862, Gen. Hamilton left his home in Texas, and 
went by way of Mexico to Washington city. In November, 1862, and again in Sep- 
tember, 1863, he was appointed Brig.-Gen. of volunteers, and Military Governor of 
Texas. In June, 1865, he was appointed by President Johnson, Provisional Gover- 
nor of Texas, which post he held until May, 1866. In 1867, he was appointed As- 
sociate Justice of the Supreme Court, which post he held until September, 1869. 
Gen. Hamilton was elected a delegate to the second Reconstruction Convention, 
which assembled at Austin, in June, 1868 ; and was an acknowledged leader in that 
body. He now resides at Austin, Texas. 

* B. M. Pease and Swantc Palm. 

6 



128 HISTORY OF TEXAS. 

elected by virtue of the proclamation of Gov. A. J. Hamil- 
ton, assembled at Austin, February 10, 186C. An ordinance 
was adopted declaring the secession of Texas a nullity, and 
renouncing all future right to secede. 

Another was adopted declaring all debts contracted in 
aid of the late war null, and forbidding any subsequent legis- 
lation looking to their payment. 

A third declared all the proceedings of the Convention 
of 1861 void. 

Thus in the same month in which five years before Texas 
had declared her right to withdraw from the Federal Union, 
did she with equal emphasis, forever renounce that right, 
and profess her readiness to return to her fealty. 

Constitution Amended. — The Constitution of Texas 
was so amended by this Convention, as generally to conform 
to the Constitution and laws of the General Government ; 
and these amendments were afterward ratified by a vote of 
the people. 

Election for State Officers. — An election for State 
officers was ordered to take place July 25, 1866 ; and Dr. 
James W. Throckmorton,* was chosen Governor, and 

* J. W. Throckmorton is a native of Sparta, Tennessee. Born February 1, 1825. 
He came to Texas in 1841, and settled in wliat is now Collin county, then part of 
Fannin. In 1851, was elected Representative to the State Legislnture. Served 
in that capacity until 1856, when he was elected State Senator, which position he 
held until 18G1. He was elected delegate from Collin county to the Secession Con- 
vention of 1861. Was one of the six who voted against the ordinance of secession, 
and did not sign it. After secession was accomplished. Gov. Throckmorton, having 
raised a company, enlisted in the army, and was in active service in the States of 
Arkansas, Mississippi and Louisiana, until the fall of 1863, when he was disabled 
by severe illness. At this time he was elected to the State Senate, where he served 
during the sessions of 186.3 and 1864. In 1864, he was appointed IJrig.-General of 
State troops. In 18(i5, was ai)pointed by Gen. E. Kirby Smith a Commissioner to 
negotiate treaties with the difl'erent wild Indian tribes on the Texas border. lie re- 
turned in June, 1865, having made treaties in conjunction with the agents of the 
friendly tribes, with the Comanches, Kiowas, Lipans, Arrapahoes, Cheycnnes, and 
others. He was elected a delegate to the Constitutional Convention of ]8()6, and 
was President of that body. In June, 1866, was elected Governor of Texas ; was 
inaugurated August 8, 1866, and was removed by military order, August 9, 1867. U.; 
now resides in Collin county, Texas. 



HISTORY OF TEXAS. 129 

George W. Jones, Lieut.-Governor. Gov. Throckmorton 
was inaugurated August 18, 1866 ; and at the same time, 
the State officers were, by order of the President, transfer- 
red from military to civil authority. 

The Indians Troublesome. — In 1866, and indeed 
for several years thereafter, the roving Indians upon the 
borders of Texas became more than usually troublesome. 
The eleventh and twelfth Legislatures each passed laws au- 
thorizing the raising of troops for frontier defence, and re- 
peatedly called upon the General Government for protection. 
The Legislature of 1871 passed the following resolution, 
March 15 : 

'■'Resolved, That the Congress of the United States is 
hereby petitioned to send a joint committee from both 
Houses to the frontiers of Texas, to inquire into, and report 
upon the facts set forth in the preamble* to this resolution, 
to the end that the State of Texas may be protected by the 
United States asrainst further invasion." 



QUESTIONS ON CHAPTER XXTV. 

Who was elected Governor of Texas in 1863 ? Who Lieut.-Governor ? What 
was done during Murrah's administration ? How much cloth was made by the State 
Penitentiary mills in 1863 ? What amount of powder, caps, etc. ? When was 
Texas surrendered ? What did Gov. Murrah do ? Who was appointed Provisional 
Governor ? When did he come ? When and by whom were the slaves declared 
free ? What was required of the citizens of Texas ? What about the finances ? 
When did the Convention meet ? What ordinances did it adopt ? What else was 
done? When was the election for State officers ? Who was elected ? What is said 
about the Indians between the years 1866 and 1871 ? What resolution was passed in 
1871? 



• The preamble enumerates the depredations committed by the savages. 



CHAPTER XXV. 

Again Under Military Rule.— In March, 1867, 
Texas was again, by act of Congress, made subject to mili- 
tary rule. Gen. P. H. Sheridan was placed in command of 
the fifth military district, including Texas. 

In August, 1867, Gov. Throckmorton w\as, by military 
order, removed, and E. M. Pease declared Provisional Gov- 
ernor in his stead. 

Another Convention. — A general registration* of all 
the legal voters of Texas having taken place, an order was 
issued in December, 1867, for the election of delegates to a 
Convention to frame a constitution for the State. This elec- 
tion was held in Feliruary, 18G8. 

Reynolds in Command. — In May, 1868, General J. J. 
Reynolds was assigned to the Department of the Gulf, in- 
cluding Texas. 

Second Convention. — This body met at Austin in 
June, 1868. Gen. E. J. Davis was chosen its President. 

An ordinance was adopted, declaring the ordinance of 
secession, passed in 1861, imll and void, ab initio. 

A new constitutionf for the State of Texas was also 
adopted. 

* RegMration Xa?p.— Pleasures are before the 13th Legislature of Texas now in 
Bcesion, loolving to tlie repeal of this law, and also the amendment of the election 
law, militia law, and Bchool law, but nothing has yet been definitely accomplished. 

March, 1873. The Autuor. 

t See pagpl41. for this ronptitntlon. 



HISTORY OF TEXAS. 131 

This Constitution was submitted to a vote of the people 
for ratification or rejection, in November, 1869; and was 
almost unanimously adopted. 

State Officers. — At the same time a general election 
was held for State officers, Hepresentatives to Congress, and 
members of the State Legislature. 

Ednnind J. Davis* was made Governor, and J. W. Flan- 
nigan,f Lieut.-Governor, of Texas. 

No Presidential Election. — By an act of Congress 
the people of Texas, in common with other Southern States, 
were excluded from voting in the Presidential election of 
November, 186S. 

Disastrous Floods. — In the summer of 1869, heavy 
and long-continued rains fell in Texas, especially in Western 
Texas ; and great freshets followed in the San Antonio, 



* Edmund J. Davis is a native of San Augustine, East Florida. He came to 
Texas in 1848. While yet in his minority, he was admitted to the bar in 1849, and 
went to the Rio Grande. He resided in Webb and Cameron counties until tlic 
breaking out of the war for secession. He was Deputy Collector of Customs at 
Laredo from 1850 until 1853. In the latter year he was elected District Attorney of 
that district ; and in 1855 was elected judge of the same (12th) district. To this po- 
sition he was re-elected, and continued in its occupation until secession was accom- 
plished in 1861, when, refusing to take the oath of allegiance to the Confederate 
States, he left the office. In 1862 he went to the Northern States, and in October 
was commissioned Colonel of the 1st Texas Cavalry, U. S. Volunteers, which regi- 
ment he raised from refugees from Texas. In March, 1863, while at the mouth of 
the Rio Grande in Mexico, for the purpose of embarking his family, he was cap- 
tured by a party of Confederate soldiers who crossed the river in the night, and sur- 
rounded the house of the Mexican commandant, where he with his family was. 
After three days he was released upon demand of the Mexican authorities. He re- 
turned to New Orleans, and was employed in various military services until the 
close of the war. He was appointed Brig. -General of U. S. Volunteers in Novem- 
ber, 1864, and was finally mustered out of service in September, 1865. Having re- 
turned to his home in Corpus Christi, he was elected a delegate to the Convention 
which met at Austin in February, 1866. In September, 1867, he was tendered by 
Gen. Griffin the appointment of Chief Justice of the State, but declined. In Jan- 
uary, 1868, he was elected a delegate to the second Reconstruction Convention which 
assembled at Austin in June of that year, and was President of that body. Was by 
it chosen one of the six Commissioners to lay before the authorities at Washing- 
ton the new Constitution of the State. In November, 1869, he was elected Gover- 
nor of Texas, which position he now holds. 

I J. W. Flannigan was afterward elected U. S. Senator, and Don Campbell, as 
President of the Senate, heca.niii ex-ojicio Lieut. -Governor. 



132 HISTORY OF TEXAS. 

Cornal, Guadaloupc, Colorado,* and other rivers. Thou- 
sands of acres of land, teeming with rich crops of corn and 
cotton, M'ere submerged. Many lives Avere lost, and millions 
of dollars worth of property destroyed. 

Texas Re-admitted. — The Legislature of Texas, 
which met in 1870, adopted the fourteenth and fifteenth 
amendments to the Constitution of the United States; and 
our Senators and Representatives were once more admitted 
to a seat in the halls of the Federal Congress. 



QUESTIONS ON CHAPTER XXV. 



What occnrrcd in March, 1867 ? Who was in command ? What change was 
made in the Governorsliip ? What steps were taken to ascertain the legal voters of 
Texas ? What election was then ordered ? Who was next placed in command of 
the Department of the Gulf ? When did the second Reconstruction Convent ":»^»- 
meet ? Who was President of it ? What ordinances were passed ? Who was elect 
ed Governor and Lieut. -Governor ? What act of Congress is alluded to ? What is 
said about floods in Texas ? What about floods in the Colorado ? 



* Floods in the Colorado. — "There have been bat three overflows in the Colorado 
since I have been in the country, and these have occurred each ten years. The first 
was in 1823 ; the next in 18:53 ; and the last in 18-13. From the fact they have been 
regular since we have known the country, we expect to be inundated every ten 
years. In 1823 it occurred in February ; in 1833 in May ; in 1843 in February." 
From J. C. Raymond's almanac for 1873, I extract as follows: "The following 
shows the time of the most notable floods in the Colorado since the settlement of 
Austin : 

February, 1843, River rose about 36 feet. .Tuly. 18(59, River rose about 42 feet. 

March, 1852, " " " 36 " October, 1870, " " " 36 " 

The bed of the river is several feet higher at Austin than in 1852. 

I extract the first part of the above from a book entitled : " Dewee''s Letters from 
Texcis.'"' The statements are incorrect. The ten year theory is unsupported by 
facts. I am assured by old citizens that the Colorado bottoms were overflowed in 
18:^5, and in other years within the time comprehended, and not mentioned by him. 
The overflows in the Texas rivers, like the rains in this State, are uncertain and ir- 
regular. —Author. 



CHAPTER XXVI. 

Davis' Administration. — Governor Davis was inau- 
gurated Governor of Texas in April, 1870. His administra- 
tion has been marked by much of interest and importance 
to the State. 

State Militia and Police. — By authority of the 
twelfth Legislature, the militia of the State, comprising all 
able-bodied men between the ages of 18 and 45 years, with 
certain exceptions, have been enrolled and organized. 

There has also been organized and equipped, a State Po- 
lice, which may consist of two hundred and twenty-five 
men, who are statiojied for duty in all the organized coun- 
ties of the State. This force is under the general command 
of the Adjutant-General at Austin, and is for the j^urpose of 
suppressing lawlessness, and enforcing the jurisdiction of 
the courts, and the dignity of the laws, wherever and when- 
ever needed. All sheriffs and their deputies, and all consta 
bles and their marshals, are made by the law a part of this 
organization; and judges of courts may, when necessary, 
call upon this force to maintain their authority. 

Public Schools.*— To carry into effect the provisions 

* On the Ist day of January, 1873, the report of the Superintendent of Public In- 
Btruction shows the condition of the free schools of Texas to be as follows : 

Total cost of maintaining the schools during the year, $1,222,221.24 ; whole num- 
ber of children in the State within the scholastic age, 228,355 ; whole number in 
the schools during the year, 127,672 ; average attendance during same time, 81.653 : 
whole number of teachers examined and who have received certificates, 6.583 ; 
actual number of teachers employed during the year, 2,G25 ; average cost per month 
for education of each pupil, $1.43. 



134 II I S T O K Y OF TEXAS. 

of the Constitution, and the hiws enacted thereuncler, the 
Governor, in 1871, appointed Hon. J. C. DeGress, Superin- 
tendent of Public Instruction. 

Under his executive management, the scliool system of 
Texas has been put in complete and successful operation, 
and one hundred thousand children are now (December, 
1872,) attending the public free schools. 

Registration. — An act of the twelfth Legislature pro- 
vides " that any citizen of the United States (or one who 
has declared his intention to become a citizen) who has re- 
sided one year in Texas, and sixty days in the county where 
he offers to register ; or one who was a citizen of Texas at 
the tjme of the adoption of the Constitution, is twenty-one 
years of age, and not otherwise disqualified," shall, upon his 
application, be registered by the Registrar of the county, 
and furnished with a certificate of registration. Complete 
lists of those registered are required to be made out and kept 
at each place where elections are held, and no person is per- 
mitted to vote at any election whose name does not appear 
on the registration list. This act is in pursuance of, and in 
obedience to, Sec. 1, Art. 3, State Constitution. 

Homestead Exemption. ^The same Legislature also 
passed an act "exempting from forced sale the homestead of 
a family, not exceeding two hundred acres of land ; (not be- 

Condition of School Fund January 1, 1873 :— Specie, $40,708.43 ; U. S. currency, 
64,080.12 ; (i per cent U. S. bonds, 70,800 ; 5 per cent U. S. bonds, 271,250 ; railroad 
bonds uud interest, 2,173,278.44. Total, $2,630,125.99. Also, 2,763,072 acres of land 
estimated to be wortli now $2,703,072. 

Synoptiis of School /,««'.— Tliis law, passed and amended in 1871, provides that 
there shall be a Superintendent of Public Instruction, who nhall have general execu- 
tive control of the educational interests of the State. The Superintendent sliall ap- 
point a Supervisor for each educational district fof whicli there are twelve) who 
shall have general supervisory control of the schools in tlieir respective districts. 
The Board of Education, consisting of the Governor, Attorney-General, and Super- 
intendent of Public Instruction, makes all the rules and regulations, provides for 
examination and appointment of teachers, adopts books for use in the schools, etc., 
etc. The local school directors have the charge of the location aud buildicg of school- 
houBee, and the control of the minor detail?. 



HISTORY OF TEXA.S. 135 

ing in any city, town or village) or any city, town or village 
lots not exceeding in value $5,000, without reference to the 
improvements thereon." Also, " all household furniture and 
implements of husbandry ; tools and apparatus of any trade 
or profession ; all books of public or private libraries ; five 
milch cows and their calves ; two yoke of oxen ; two horses 
and one wagon ; one carriage or buggy ; one gun ; twenty 
hogs ; twenty head of sheep ; all provisions or forage on 
hand for home consumption ; and one horse, sa,ddle and bri- 
dle." This act is in obedience to Art. 12, Sec. 15, State 
Constitution. 

Other iExemptions. — Another law provides that all 
buildings used for educational or religious purposes, with 
their furniture, apparatus, and libraries, and ten acres of 
ground, shall be exempt from taxation. 

Marital Rights. — The following is the law in Texas 
on this subject : " All property owned by either party be- 
fore marriage, remains the separate property of husband or 
wife after marriage ; and such as may be acquired by either 
gift or descent, after marriage, becomes the separate prop- 
erty of the one so receiving or acquiring it. The homestead 
cannot be sold unless the wife joins in the conveyance. All 
property acquired during the marriage relationship, in any 
other way than by gift or descent, is the common property 
of both. On the death of either, the survivor becomes the 
owner of all the property, unless there be children, in which 
case the children possess one-half." 

Wills. — According to law in Texas, any person of sound 
mind, aged twenty-one years or over, can make a will, which, 
if in his own handwriting, can be proved and probated with- 
out witnesses ; if not in his own writing two witnesses are 
required. 

6* 



136 HISTORY OF TEXAS, 

Xjimitation Laws. — Open accounts are barred from 
collection by law in two years. Promissory notes in four 
years. Judgments in ten years. Five years of uninterrupted 
possession and occupation of land, the occupant in the mean- 
time paying the taxes thereon, invests the said occupant 
with legal title to the land, provided he has a registered 
deed to the same, although the deed itself may be fraudu- 
lent or invalid. 

Ten years of such uninterrupted occupation results in 
ownership without any other shadow of claim. 



QUESTIONS ON CHAPTER XXVI. 

W^hen was Gov. Davis inaugurated ? By what was his administration marked ? 
Give the main features of the Militia and State Police laws. When was the com- 
mon school law put in force ? Under whose superintendence ? IIow many scholars 
are now in attendance ? Give the features of the registration law ? What impor- 
tant exemption laws were passed by the twelfth Legislature ? Give a synop.«is of 
them as contained in this chapter ? What is the law in Texas in regard to marital 
rights and descent of property ? What about wills V What about limitation laws ? 



CHAPTER XXVII. 

The Judiciary. — The Constitution of 1845 provided 
that the " Judges of the Supreme and District Courts should 
be appointed by the Governor, by and with the consent of 
the Senate." 

In 1849, the Constitution was so amended as to provide 
for the election of the judges. The present Constitution of 
Texas again makes the judgeship to be filled by appointment 
of the Governor, subject to the ratification of the Senate, 

Courts. — The State is divided into judicial districts. 
Each district judge holds court three times a year. These 
Courts have general law jurisdiction, criminal and equity; 
and are also courts of appeal fi*om the justices' courts. 

The Supreme Court is the highest State court, and has 
appellate jurisdiction. It consists of a Chief Justice and 
two Associates. 

The justices' courts are held monthly in the various pre- 
cincts of each county. The justices are elected by the 
voters at the general election, and there are five in each 
county. These courts have jurisdiction to the amount of 
one hundred dollars. 

Three justices constitute a County Court, and enjoy such 
powers as ai-e usually conferred upon these courts. 

Bureau of Immigration.* — To encourage immigra- 

* Bureau of Immigration. — The arrivals of immigrants at the port of Galveston, 
as stated in a, communication from Gustav Loeffler, Superintendent of the Bureau, 



138 HIS T O R Y OF TEXAS. 

tion, and also to enlighten the outside world as to the in- 
ducements offered by Texas to immigration, and more espe- 
cially to skilled laborers, the present Executive, under a law 
of the twelfth Legislature, passed in pursuance of Art. 11, 
State Constitution, has organized a Bureau of Immigration, 
by appointing a "Superintendent of Immigration," whose 
duties are defined in the statute. 

Carrying Deadly Weapons. — An act of the twelfth 
Legislature makes it a penal offence, and punishable by a 
heavy fine and imprisonment, to carry deadly weapons upon 
the person " excej^tfor self-defence, and to ward off a threat- 
ened attack." 

Important Land Law. — To carry into effect Sec. 8, 
Art. 10, State Constitution, the same Legislature also passed 
an important land law, granting to every head of a family 
having no homestead, one hundred and sixty acres of any 
vacant State land, upon condition of selection, survey and 
occupation of same for three years ; and to every single 
man eighty acres on similar conditions, provided that they 
may at once become owners of the land by payment of one 
dollar per acre to the State. 

Internal Improvements. — The twelfth Legislature 
of Texas, at its regular and called sessions, did much to en- 
courage internal improvements and manufactures, by means 
of both foreign and domestic capital. 

to the Texas Almanac, during the first ten months of 1872, were as follows : 

January 4,810 persons of whom 3(>4 wore from Europe. 

February' 3,251 " " " 136 " " " 

March 3,00-1 " " " 117 " " " 

April 2,W7 " " " 112 " " " 

May 2,950 " " " 707 " " " 

June 2,102 " " '• 112 " " « 

July 1,757 " " " 112 " " " 

August 2,077 " " " 183 " " " 

September 2,680 " " " 323 " " " 

October 4,243 " " " 1,276 " " " 

Total 29,527 3,412 



HISTORY OF TEXAS. 139 

Several grand trunk and tap railways were chartered, 
and State aid granted for their construction. 

Many transportation and navigation companies, bridge 
companies, and many insurance, real-estate, and banking as- 
sociations were incorporated. 

Manufacturing enterprises of every descrij^tion, also re- 
ceived such assistance as they needed. 

Present Condition of Texas. — To conclude our lit- 
tle book it is proper to say that the present condition of our 
State is such as to promise a bright future. 

Peace prevails throughout our borders. The majesty of 
the laws is respected more than ever before. Churches 
and school-houses are upon all our hills and in our prairies. 

The screain of the locomotive and the whistle of the 
steam manufactory are heard on all sides. The hum of busy 
industry rises upon every breeze. Additional thousands of 
acnvs of fertile land are yearly being upturned by the plow 
of the husbandman. Old communities are becoming more 
united, Avhile new ones are springing up in every part of the 
State ; while from the four quarters of the globe the unceas- 
ing flood of immigration comes pouring in. 

Protected by wise and just laws, and under the eyes of 
that mighty Federation of which we are an integral part, 
let us hope a generation is coming forward, in whose hearts 
will be blended a just pride of State, a profound respect and 
loyalty for the National Government, and a love and rever- 
ence for that merciful God to whose overruling providence 
we as a people owe so much. 



uo 



HISTORY OF TEXAS 



A List of the Governors of the State of Texas : 



J. PiNCKNET Henderson fi 


rom 


1846 to 184Y Elected. 


Geo. T. Wood 


(( 


1847 " 1849 " 


P. H. Bell 


(( 


1849 " 1853 " 


E. M. Pease 


« 


1853 to 1857 " 


H, R. Runnels 


« 


1857 " 1859 


Sam Houston 


(( 


1859 " 1861 " 


F. 11. Lubbock 


(( 


1861 " 1863 " 


Pendleton Murrah 


(( 


1863 " 1865 " 


A. J. Hamilton 


(( 


1865 " 1866 Provisional 


J. W. Throckmorton 


n 


1866 " 1867 Elected. 


E, M. Pease 


a 


1667 " 1869 Provisional. 


E, J. Davis, Provisional a 


few 


months, and elected by the 


people in 1870. 






Lieut.- Governors who have i 


been Acting Governors : 


A. C, Horton 




in 1846. 


J. W. Henderson " 1853. 


Edward Clark 


" 1861. 



questions on chapter XXVII. 

What changes have been made in the judiciary of Texas gince 1845 ? What has 
been done to encourage immigration ? Wliat important law to preserve the peace 
has been enacted ? What important land law ? What has been done to encourage 
internal improvements ? Give a statement of the present condition of Texas ? 
Give a list of the Governors and the time of their holding office. What about the 
courts of Texas ? Name them, and give their respective powers. 



THE 

CONSTITUTION 

OF THE 

STATE OF TEXAS 



StrangtiJ toitj) Clucstions for Class Wiet. 



CONSTITUTION 



OP THE 



STATE OF TEXAS 



PREAMBLE. 



We, the People op Texas, acknowledging with gratitude the 
grace of God in permitting us to make a choice of our form of gov- 
ernment, do hereby ordain and establish this Constitution : 



ARTICLE I. 

BILL OF RIGHTS. 

That the heresies of nullification and secession, which brought the 
country to grief, may be eliminated from future political discussion ; 
that public order may be restored, private property and human life 
protected, and the great principles of liberty and equality secured to 
ns and our posterity. We declare that : 

Section 1. The Constitution of the United States, and the laws 
and treaties made, and to be made, in pursuance thereof, are acknowl- 
edged to be the supreme law ; that this Constitution is framed in har- 
mony with and in subordination thereto ; and that the fundamental 
principles embodied herein can only be changed, subject to the national 
authority. 

Sec. 2. All freemen, when they form a social compact, have equal 
rights, and no man or set of men is entitled to exclusive separate pub- 
lic emoluments or privileges. 

Sec. 3. No religious test shall be required as a qualification to any 
office of public trust in this State. 



144 CONSTITUTION OF THE 

Sec. 4. All men have a natural and indefeasible right to worship 
God according to the dictates of their own consciences. No man shall 
he compelled to attend, erect, or support any place of public worship ; 
or to maintain any ministry against his consent. No human authority 
ought in any case whatever, to control, or interfere with the rights of 
conscience in matters of religion ; and no preference shall ever be 
given, by law, to any religious societies or mode of worship. But it 
shall be the duty of the Legislature to pass such laws as may be neces- 
sary to protect every religious denomination in the peaceable enjoy- 
ment of their own mode of public worship. 

Sec. 5. Every citizen shall be at liberty to speak, write or publish 
his opinions on any subject, being responsible for the abuse of that 
privilege ; and no law shall ever be passed curtailing the liberty of 
speech or of the press. 

Sec. 6. In prosecutions for the publication of papers investigating 
the official conduct of officers, or of men in a public capacity, or when 
the matter published is proper for public information, the truth thereof 
may be given in evidence ; and in all prosecutions for libels, the jury 
shall have the right to determine the law and the facts, under the 
direction of the Court, as in other cases. 

Sec. 7. The people shall be secure in their persons, houses, papers, 
and possessions, from all unreasonable seizures or searches ; and no 
warrant to search any place, or to seize any person or thing, shall issue, 
without describing such place, person or thing as near as may be, nor 
without probable cause, supported by oath or affirmation. 

Sec. 8. In all criminal prosecutions, the accused shall have a speedy 
public trial, by an impartial jury. He shall not be compelled to give 
evidence against himself. He shall have the right of being heard by 
himself, or by counsel, or both ; shall be confronted with the witnesses 
against him, and shall have compulsory process for obtaining witnesses 
in liis favor ; and no person shall be holden to answer for any criminal 
charge but on the indictment or information, except in cases arising 
in the land or naval forces or offences against the laws regulating the 
militia. 

Sec. 9. All prisoners shall be bailable upon sufficient sureties, xin- 
less for capital offences, when the proof is evident ; but this provision 
shall not be so construed as to prohibit bail after indictment found, 
upon an examination of the evidence by a judge of the Supreme or 
District Court, upon the return of the writ of habeas corpus, return- 
able in the county where the offence is committed. 

Sec. 10. The privileges of the writ of habeas corpxis shall not be 



STATE OF TEXAS. 145 

suspended except by act of tlie Legislature, in case of rebellion or in- 
vasion, when the public safety may require it. 

Sec. 11. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel nor unusual punishment inflicted. All courts shall 
be open, and every person, for an injury done him in his lands, goods, 
person or reputation, shall have remedy by due course of law. 

Sec. 12. No person, for the same offence, shall be twice put in 
jeopardy of life ; nor shall a person be again put upon trial for the 
same oftence, after a verdict of not guilty ; and the right of trial by 
jury shall remain inviolate. 

Sec. 13. Every person shall have ihe right to keep and bear arms, 
in the lawful defence of himself or the State, under such regulations 
as the Legislature niay prescribe. 

Sec. 14. No bill of attainder, ex post facto law, retroactive law, or 
any law impairing the obligation of contracts, shall be made ; and no 
person's property shall be taken or applied to public use without just 
compensation being made, unless by the consent of sucli person ; nor 
shall any law be passed depriving a party of any remedy for the en- 
forcement of a contract, which existed when the contract was made. 

Sec. 15. No person shall ever be imprisoned for debt. 

Sec. 16. No citizen of this State shall be deprived of life, liberty, 
property or privileges, outlawed, exiled, or in any manner disfran- 
chised, except by due course of the law of the land. 

Sec. 17. The military shall at all times be subordinate to the civil 
authority. 

Sec. 18. Perpetuities and monopolies are contrary to the genius of 
a free government, and shall never be allowed ; nor shall the law of 
primogeniture or entailments ever be in force in this State. 

Sec. 19. The people shall have the right, in a peaceable manner, to 
assemble together for their common good ; and to apply to those in- 
vested with powers of government for redress of grievances, or other 
purposes, by petition, address or remonstrance. 

Sec. 20. No power of suspending laws in the State shall be exer- 
cised except by the Legislature or its authority. 

Sec. 21. The equality of all persons before the law is herein re- 
cognized and shall ever remain inviolate ; nor shall any citizen ever 
be deprived of any right, privilege or immunity, nor be exempted 
from any burdeji or duty, on account of race, color, or previous con 
dition. 



146 c o X s T I T u f r () X of t ii e 

Sec. 2'2. Importations of persons under the name of "coolies," or 
any other name or designation, or the adoption of any system of peon- 
age, whereby the hel[)less and unfortunate may be reduced to practi- 
cal bondage, shall never be authorized or tolerated by the laws of this 
State ; and neither slavery nor involuntary servitude, cxcejjt as a pun- 
ishment for crime, whereof the party shall have been duly convicted, 
shall ever exist in this State. 

Sec. 23. To guard against transgressions of the high powers herein 
delegated, we declare that everything in this Bill of Rights is excepted 
out of the general powers of government, and shall forever remain 
inviolate ; and all laws contrary thereto, or to the following provisions, 
shall be void. 

ARTICLE II. 

DIVISION OF THE POWERS OF GOVERNMENT. 

Section 1. The powers of the government of the State of Texas 
shall be divided into three distinct departments, and each of them be 
confided to a separate body of magistracy, to wit : those which are 
Legislative to one, those which are Executive to another, and those 
which are judicial to another ; and no person, or collection of persons, 
being of one of those departments, shall exercise any power properly 
attached to either of the others, except in the instances herein ex- 
pressly permitted. 

ARTICLE III. 

LEGISLATIVE DEPARTMENT. 

Section 1. Every male person who shall have attained the age of 

QUESTIONS ON THE BILL OP RIGHTS. 

-Recite Hie preamble. What does the word preamble mean 1 What ackuowledg- 
ment is made in Sec. 1 in reference to the Constitution of the United States ? Who 
have cqnal rights ? Wl\at test shall now be reeiuired ? What have men a natural and 
indefeasible right to do ? What may every citizen speak, write and publish ? In 
prosecutions for libels what shall the jury do ? In what shall the people be secure ? 
In criminal prosecutions what rij^hts has the accused ? When may prisoners be 
bailed ? What about habeas corpus f How many times may a person be tried for 
his life for the same offence ? When may a person boar arms ? When may one be 
imprisonrd for debt ? How may one be deprived of life, liberty, property, etc. ? To 
what sliall the military be subordinate? What are contrary to tlio irenius of free 
goveinment ? For what may the people assemble together ? By what attthority 
may the laws be suspended '! What is herein recognized as forever inviolate ? What 
Is prohibited in Sec 25 ? What declaration is made ia Sec. 23 ? 



STATE OF TEXAS. 14Y 

twenty-one years, and who shall be (or who shall have declared hia 
intention to become) a citizen ot the United States, or who is, at the 
time of the acceptance of this Constitution by the Congress of the 
United States, a citizen of Texas, and shall have resided in this State 
one year next preceding an election, and the last six months within 
the district or county in which he offers to vote, and is duly registered, 
(Indians not taxed excepted,) shall be deemed a qualified elector ; and 
should such qualified elector happen to be in any other county, situated 
in the district in which he resides, at the time of an election, he shall 
be permitted to vote for any district officer ; provided, that the quali- 
fied electors shall be permitted to vote anywhere in the State for State 
officers ; and provided further, that no soldier, seaman, or marine, in 
the army or navy of the United States, shall be entitled to vote at any 
election created by this Constitution. 

Sec. 2. Elect<jrs in all cases shall be privileged from arrest during 
their attendance at elections, and in going to and returning from the 
same, except in cases of treason, felony, or breach of the peace. 

Sec. 3. The legislative power of the State shall be vested in two 
distinct branches : the one to be styled the Senate, and the other the 
House of Representatives ; and both together the " Legislature of the 
State of Texas." The style of the laws shall be, " Be it enacted by 
the Legislature of the State of Texas." 

Sec. 4. The members of the House of Representatives shall be 
chosen by the qualified electors, and their term of office shall be two 
years from the day of general election ; and the sessions of the Legis 
lature shall be annual, at such times as shall be prescribed by law. 

Sec. 5. No person shall be a Representative unless he be a citizen 
of the United States, and shall have been a citizen of this State two 
years next preceding his election, and the last year thereof a citizen 
of the county, city, or town from which he shall be chosen, and shall 
have attained the age of twenty-one years at the time of his election. 

Sec. 6. All elections for State, district, and county officers shall be 
held at the county seats of the several counties, until otherwise pro- 
vided by law ; and the polls shall be opened for four days, from eight 
o'clock A. M. until four o'clock p. m. of each day. 

Sec. 7. The House of Representatives shall consist of ninety mem- 
bers, and no more. 

Sec. 8. The Senators shall be chosen by the qualified electors, here- 
after, for the term of six years. Those elected at the first election 
shall be divided by lot into three classes, as nearly equal as can be. 



148 CONSTITUTION OF THE 

The seats of Senators of the first class shall be vacated at the expira- 
tion of the first two years ; and of tlie second class, at the expiration 
of lour years ; and of the third class at the expiration of six years ; so 
that one-third thereof shall be chosen biennially thereafter. 

Sec. 9. Such mode of classifying new additional Senators shall be 
observed as will, as nearly as possible, preserve an equality of number 
in each class. 

Sec. 10. The Senate shall consist of thirty Senators, and no more. 

Sec. 11. A new apportionment for Eepresentatives and Senatorial 
districts shall be made by the first Legislature in session after the offi- 
cial publication of the United States census, every ten years. 

Sec. 12. When a Senatorial district shall l)e composed of two or 
more counties, it shall not be separated by any county belonging to 
another district. 

Sec. 13. No person shall be a Senator unless he be a citizen of the 
United States, and shall have been a citizen of this State three years 
next preceding the election, and the last year thereof a resident of the 
district for which he shall be chosen, and have attained the age of 
twenty-five years. 

Sec. 14. No person shall be eligible to any office, State, county or 
municipal, who is not a registered voter in the State. 

Sec. 15. The House of Representatives, when assembled, shall 
elect a Speaker and its other officers ; and the Senate shall choose a 
President for the time being, and its other officers. Each House shall 
judge of the elections and qualifications of its own members ; but 
contested elections shall be determined in such manner as shall be 
directed by law. Two-thirds of each House sluvll constitute a quorum 
to do business, but a smaller number may adjourn from day to day 
and compel the attendance of absent members in such m:unu'r and un- 
der such penalties as each House may provide. 

Sec. 16. Each House may determine the rules of its own proceed- 
ings, punish members for disorderly conduct, and with the consent of 
two-thirds, expel a member. 

Sec. 17. Each House shall keep a journal of its own proceedings, 
and i)ublish the same ; and the yeas and nays of the members of 
either House, on any question, shall at the desire of any three members 
present, be entered upon the journals. 

Sec. 18. Any member of either House shall have liberty to dissent 



STATE OF TEXAS. 149 

from, or protest against any act or resolution wliicli lie may think in- 
jurious to the public or an individual, and have the reasons for dissent 
entered on the journals. 

Sec. 19. When vacancies happen in either House, the Governor, or 
the person exercising the power of the Governor, shall issue writs of 
election to fill such vacancies, and should the Governor fail to issue a 
writ of election to fill such vacancies, the returning officer for the 
district or county shall be authorized to order an election for that 
purpose. 

Sec. 20. Senators and Representatives shall, in all cases except in 
treason, felony, or breach of the peace, be privileged from arrest dur- 
ing the session of the Legislature, and in going to and returning from 
the same, allowing one day for every twenty-five miles such member 
may reside from the place at which the Legislature is convened. 

Sec. 21. Each House, during session, may punish by imprisonment 
any person not a member, for disrespectful or disorderly conduct in 
its ijresence, or for obstructing any of its proceedings ; jjroi'ided, such 
imprisonment shall not at any one time exceed forty-eight hours. 

Sec. 22. The doors of each House shall be kept open, except upon 
a call of either House, and when there is an executive session of the 
Senate. 

Sec. 23. Neither House shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place than that in 
which they may be sitting, without the concurrence of both Houses. 

Sec. 24. Bills may originate in either House and be amended, al- 
tered or rejected by the other ; but no bill shall have the force of a 
law until on three several days it be read in each House, and free dis 
cussion be allowed thereon, unless in case of great emergency four- 
fifths of the House, in which the bill shall be pending, may deem it 
expedient to dispense with this rule ; and every bill having passed 
both Houses shall be signed by the Speaker and President of their 
resnective Houses ; provided, that the final vote on all bills or joint 
resolutions appropriating money or lands for any purpose shall be by 
the yeas and nays. 

Sec. 25. The Legislature shall not authorize by private or special 
law, the sale or conveyance of any real estate belonging to any per- 
son, or vacate or alter any road laid out by legal authority, or any 
street in any city or village, or in any recorded tow-n plat, but shall 
provide for the same by general laws. 

Sec. 26. After a bill or resolution has been rejected by either 



1 50 C O N S T I T U T I O N OF THE 

branch of tlie Legislature, no bill or resolution containing the same 
substance, shall be passed into a law during the same session. 

Sec. 27. The Legislature shall not authorize any lottery, and shall 
prohibit the tale of lottery tickets. 

SEa 28. Each member of the Legislature shall receive from the 
public treasury a compensation for liis services, which may be in- 
creased or diminished by law ; but no increase of compensation shall 
take effect during the session at which such increase shall be made. 

Sec. 29. No Senator or Kenresentative shall, while a member of 
the Legislature, be eligible to any civil office of profit under this State 
which shall have been created, or the emoluments of which may have 
been increased, during such term ; except it be in such cases as are 
herein provided. The President, for the time being, of the Senate, 
and Speaker of the House of Representatives, shall be elected from 
their respective bodies. 

Sec. 30. No judge of any court of law or equity. Secretary of 
State, Attorney-General, clerk of any court of record, sheriff" or collec- 
tor, or any person holding a lucrative office under the United States, or 
this State, or any foreign government, shall be eligible to the Legis- 
lature ; nor shall at the same time hold or exercise any two offices, 
agencies or appointments of trust or profit under this State ; provided, 
that offices of militia to which there is attached no annual salary, the 
office of postmaster, notary public, and the office of justice of the 
peace, shall not be deemed lucrative; and that one person may hold 
two or more county offices, if so provided by the Legislature. 

Sec. 3L No person who at any time may have been a collector of 
taxes, or who may have been o herwise entrusted with public money, 
shall be eligible to the Legislature, or to any office of profit or trust 
under the State governmen', until he shall have obtained a discharge 
for the amount of such collection, and for all public moneys with 
which he may have been entrusted. 

Sec. 32. It shall be the duty of Ihe Legislature immediately to ex- 
pel from the body any member who shall receive or offer a bribe, or 
suffer his vote inffuenced by promise of preferment or reward ; and 
every person so offending, and so exjielled, shall thereafter be disabled 
from holding any office of honor, trust or profit in this State. 

Sec. 33. Elections for Senators and Uc]>resent!itives shall be gene- 
ral throughout the State, and shall be regulated by law. 

Sec. 34. The whole number of Senators shall, at the next session 
after tlie several periods of making the enumeration, be fixed by the 



S T A T K OF T E X A S . 151 

Legislature, and apportioned among the several districts to be estab- 
lished by law, according to the number of qualified electors, and shall 
never be less than nineteen nor more than thirty 

Sec. 35. The merabere of the Legislature shall, at their first session 
hereafter, receive from the treasury of the State, as their compensa- 
tion, eight dollars for each day they shall be in attendance, and eight 
dollars for each twenty-five miles in traveling to and from the seat of 
govermnent. The above rates of compensation shall remain till 
changed by law. 

Sec. 36. The Legislature shall proceed, as early as practicable, to 
elect Senators to represent this State in the Senate of the United 
States ; and also provide for future elections of Representatives to the 
Congress of the United States ; and the second Tuesday after the first 
assembling of the Legislature after the ratification of this Constitu- 
tion, the Legislature shall proceed to ratify the thirteenth and four- 
teenth Articles of Amendment to the Constitution of the United 
States of America. 

Sec. 37. In order to settle permanently the seat of government, an 
election shall be holden throughout the State, at the usual places of 
holding elections, at the first general election after the acceptance of 
this Constitution by the Congress of the United States, which shall 
be conducted according to law, at which time the people shall vote for 
such place as they may see proper for the seat of government ; the 
returns of said election to be transmitted to the Governor with the 
other returns of that election. 

If either place voted for shall have a majority of the whole num- 
ber of votes cast, then the same shall be the permanent seat of govern- 
ment. But in case neither place voted for shall have the majority of 
the whole number of votes given in, the Governor shall issue his 
proclamation for an election, to be holden in the same manner, at the 
next following general election, between the two places having the 
highest number of votes at the first election. This election shall be 
conducted in the same manner as at the first, and the returns made to 
the Governor, and the place having the highest number of votes shall 
be the permanent seat of government. 

Sec. 38. The first Legislature shall pass such laws as will author- 
ize the clerks of the district court and the justices of the peace of 
the several counties to issue executions after the adjournment of each 
term of their respective courts, against the plaintiff or defendant for 
all costs created by them in any suit or suits therein. 

Sec. 39. Until otherwise provided by law, the Senatorial and Rep- 
resentative districts shall be composed of the following counties: 



152 CONSTITUTION OF THE 

First District — Chambers, Jefferson, Orange, Liberty, Hardin, New- 
ton, Jasper, Tyler and Polk counties. 

Second District — Trinity, Angelina, San Augustine, Sabine, Xacog- 
doches and Slielby counties. 

Third District — Houston and Cherokee counties. 

Fourth District — Anderson, Henderson and Van Zandt counties. 

Fifth District — Eusk and Panola counties. 

Sixth District — Smith and Upshur counties. 

Seventh District — Harrison county. 

Eighth District — Marion, Davis and Bowie counties. 

Ninth District — Titus and Red River counties. 

Tenth Di.^trict — Wood, Hopkins and Hunt counties. 

Eleventh District — Lamar and Fannin counties. 

Twelfth District — Galveston, Brazoria and Matagorda counties. 

Thirteenth District — ^Yharton, Fort Bend and Austin counties. 

Fourteenth District — Harris and Montgomery counties. 

Fifteenth District — Walker, Grimes and Madison counties. 

Sixteenth District — Washington county. 

Seventeenth District — Burleson, Brazos and Milam counties. 

Eighteenth District — Robertson, Leon and Freestone counties. 

Nineteenth District — McLennan, Limestone and Falls counties. 

Twentieth District — Hill, Navarro, Ellis and Kaufman counties. 

Twenty-first District — Dallas, Collin and Tarrant counties. 

Twenty-second District — Grayson, Cook, Denton, Wise, Montague, 
Jack, Clay, Young, Wichita, Throckmorton, Baylor, \Vill)arger, Has- 
kell, Knox and Hardeman counties. 

Twenty-third District — Bosque, Johnson, Hood, Parker, Erath, 
Palo Pinto, Eastland, Stephens, Callahan, Jones, Shackleford and Tay- 
lor counties. 

Twenty-fourth District — Calhoun, Jackson, Victoria, Rufugio, Saa 
Patricio, Bee, Goliad and DeWitt counties. 

Twenty-fifth District — Lavaca and Colorado counties. 

Twenty sixth District — Fayette and Bastrop counties. 

Twenty-seventh District — Gonzales, Guadalupe and Caldwell coun- 
ties. 

Twenty-eighth District — Hays, Travis, Williamson, Bell, Coryell, 
Lampasas, San Saba, Hamilton, Comanche, Brown, Coleman, Concho 
and McCulIoch counties. 

Twenty-ninth District — Bexar, Wilson, Comal, Kendall, Blanco, 
Burnett, Llano, Mason, Gillespie, Kerr, Bandera, Edwards, Kimball, 
and Menard counties. 

Thirtieth District- -Cameron, Hidalgo, Starr, Nueces, Duval, Za- 
pata, Live, Oak McMullen, Encinal, Lasalle, Webb, Dimmitt, Maverick, 
Za valla, Frio, .Atascosa, Karnes, Kinney, Uvalde, Medina, Presidio and 
El Taso counties. 



STATE OF TEXAS. 153 

Sec. 40. The Senators and Representatives shall be apportioned 
among the several Senatorial and Representative Districts as follows, 
to wit : 

First District — One Senator and three Representatives. 

Second District — One Senator and three Representatives. 

Third District — One Senator and three Representatives. 

Fourth District — One Senator and three Representatives. 

Fifth District — One Senator and three Representatives. 

Sixth District — One Senator and three Representatives. 

Seventh District — One Senator and two Representatives. 

Eighth District — One Senator and three Representatives. 

Ninth District — One Senator and three Representatives. 

Tenth District — One Senator and three Representatives. 

Eleventh District — One Senator and three Representatives. 

Twelfth District — One Senator and three Representatives. 

Thirteenth District — One Senator and three Representatives. 

Fourteenth District — One Senator and three Representatives. 

Fifteenth District — One Senator and three Representatives. 

Sixteenth District— One Senator and two Representatives. 

Seventeenth District — One Senator and three Representatives. 

Eighteenth District — One Senator and three Representatives. 

Nineteenth District — One Senator and three Representatives. 

Twentieth District — One Senator and three Representatives. 

Twenty-first District — One Senator and three Representatives. 

Twenty-second District — One Senator and three Representatives. 

Twenty-third District — One Senator and three Representatives. 

Twenty fourth District — One Senator and three Representatives. 

Twenty fifth District — One Senator and three Representatives. 

Twenty-sixth District — One Senator and three Representatives. 

Twenty-seventh District — One Senator and three Representatives. 

Twenty-eighth District — One Senator and four Representatives. 

Twenty-nintli District — One Senator and four Representatives. 

Thirtieth District — One Senator and three Representatives. 

Sec. 41. In the several Senatorial and Representative Districts, 
composed of more counties than one, the Chief 'Justice of the follow- 
ing named counties shall receive the returns, and give certificates of 
election to the persons respectively receiving the highest number of 
votes, to wit : 

First District — Chief Justice of Liberty county. 

Second District — Chief Justice of Nacogdoches county. 

Third District — Chief Justice of Cherokee county. 

Fourth District — Chief Justice of Anderson county. 

Fifth District — Chief Justice of Rusk county. 



154 CONSTITUTION OF THE 

Sixth District — Cliief Justice of Smith county. 
Seventli District — Chief Justice of Harrison county. 
Eighth District — Chief Justice of Marion county. 
Ninth District — Cliief Justice of Red River county. 
Tentli District — Chief Justice of Hopkins county. 
Ele%'enth District — Chief Justice of Lamar county. 
Twelfth District — Chief Justice of Galveston county. 
Thirteenth District — Chief Justice of Fort Bend county. 
Fourteenth District— Chief Justice of Harris county. 
Fifteenth District — Chief Justice of Grimes county. 
Sixteenth District — Chief Justice of Washington county. 
Seventeenth District — Chief Justice of Burleson county. 
Eighteenth District — Chief Justice of Robertson county. 
Nineteenth District — Chief Justice of McLennan county. 
Twentieth District — Chief Justice of Navarro county. 
Twenty-first District — Chief Justice of Dallas county. 
Twenty-second District — Chief Justice of Grayson county. 
Twenty-third District — Chief Justice of Bosque county. 
Twenty-fourth District — Chief Justice of Victoria county. 
Twenty-fifth District — Chief Justice of Colorado county. 
Twenty-sixth District — Chief Justice of Fayette county. 
Twenty-seventh District — Chief Justice of Gonzales county. 
Twenty -eighth District — Chief Justice of Travis county. 
Twenty-ninth District— Chief Justice of Bexar county. 
Thirtieth District — Chief Justice of Nueces county. 

QUESTIONS ON LEGISLATIVE DEPARTMENT. 

How ail! the powers of the State government divided ? Who are qualified elec- 
tors ? Whcu may tliey vote ? What about privilege from arrest ? How is the legis 
lative power vested ? IIow .ire the members of the House of Representatives 
chosen and how often ? Wliat are tlie qualifications '; When are the elections held ? 
Of how many does the House of Representatives consist ? How are the Senators 
chosen and for how long a term ? How are they classed ? How many Senators ? 
How often shall a new apportionment be made? What are the qimlifications re- 
quired of Senators ? Who only are eligible to office ? How are the House of Rep- 
resentatives and Senate organized ? What about compulsory attendance ? What 
tibout rules, punishment, etc. ? What about privilege from arrest ? What alxmt 
public sessions ? Can either House adjourn at will ? How are bills originated, 
amended, etc. ? Can the Legislature authorize sale of real estate by special law 1 
What about rejected bills ? What about lotteries? How are the members of the 
Legislature paid for their services ? What in reference to their eligibility to certain 
offices ? Who are ineligible to the Legislature ? When may two ofilces not be held 
jointly ? What about expulsion ? How are elections for Senators and Representa 
tives regulated ? How are U. S. Senators fleeted ? How is the seat of government 
fixed? How do executions issue after adjournment? Of what counties are the 
Senatorial and Representative districts of Texas respectively composed ? By whoKi 
are election returns received and certificatett issued ? 



STATE OF TEXAS. 155 

ARTICLE IV. 
EXECUTIVE DEPAKTMENT. 

Section 1. The Executive Department of the State shall consist 
of a Chief Magistrate, who shall be styled the Governor, Secretary of 
State, Comptroller of Public Accounts, Treasurer, Commissioner of the 
General Land Office, Attorney General and Superintendent of Public 
Instruction. 

Sec. 2. The Governor shall be elected by the qualified voters of the 
State, at the time and places at which they shall vote for Representa- 
tives to the Legislature. 

Sec. 3. The returns for every election of Governor shall be made 
out, sealed up, and transmitted by the returning officers to the seat of 
Government, directed to the Speaker of the House of Representatives, 
who shall, during the first week of the session of the Legislature 
thereafter, open and publish them, in the presence of both Houses of 
the Legislature. The person having the highest number of votes, and 
being constitutionally eligible, shall be declared by the Speaker, under 
the direction of the Legislature, to be Governor ; but if two or more 
persons shall have the highest and an equal number of votes, one of 
them ehall be forthwith chosen Governor, by a joint vote of both 
Houses of the Legislature. Whenever there shall be a contested elec- 
tion for the office of Governor, or of any of the Executive officers to be 
elected by the qualified voters of the State, it shall be determined by 
the joint action of both Houses of the Legislature. 

Sec. 4. The Governor shall hold his office for the term of four 
years from the time of his installment, and until his successor shall 
be duly qualified. He shall be at least thirty years of age, a citizen 
of the United States, and shall have been a resident and citizen of the 
State of Texas for three years immediately preceding his election. 
He shall be inaugurated on the first Thursday after the organization 
of the liegislature, or as soon thereafter as practicable. 

Sec. 5. The Governor shall, at stated times, receive a compensation 
for his services, which shall not be increased nor diminished during 
the term for which he may have been elected. His annual salary shall 
be five thousand dollars, until otherwise provided by law, exclusive of 
the use and occupation of the Governor's Mansion, fixtures and furni- 
ture. 

Sec. 6. Ho shall be Commander-in-Chief of the militia of the 
State, except when they are called into the actual service of the United 
States 



156 CONSTITUTION OF THE 

Sec. 7. He may, at all times, require information in writing, from 
all the officers of the Executive Department, on any subject relating 
to the duties of their offices. If a vacancy occurs in any of the ex- 
ecutive offices, by death, resignation or removal, or from any other 
cause, during the recess of the Legislature, the Governor shall have 
power, by appointment, to fill sudi vacancy ; which appointment shall 
continue in force till the succeeding session of the Legislature, when 
he shall communicate such appointment to the Senate for confirmatiou 
or rejection. If it be confirmed by the Senate, the tenure of office 
shall continue until the regular return of the periodic election of said 
office. 

Sec. 8. He shall have power by proclamation, on extraordinary oc- 
casions, to convene the Legislature at tlie seat of government ; but if 
the prevalence of dangerous disease, or the presence of the public 
enemy there, shall render it necessary, then at any other place within 
the State he may deem it expedient. 

Sec. 9. He shall, from time to time, give to the Legislature infor- 
mation, in writing, of tlie condition of the State, and recommend to 
their consideration such measures as he may deem expedient. 

Sec. 10. He shall take care that the laws be faithfully executed. 

Sec. 11. In all criminal cases, except treason and impeachment, he 
shall have power after conviction, to grant reprieves and pardons : 
and under such rules as the Legislature may prescribe, he shall have 
power to remit fines and forfeitures. With the advice and consent of 
the Senate, he may grant pardons in cases of treason ; and to this 
end, he may respite a sentence therefor until the close of the succeed- 
ing session of tlie Legislature ; provided, that in all cases of remis- 
sion of fines or forfeitures, or grants of reprieve or pardon, the Gov- 
ernor shall file, in tlie office of the Secretary of State, his reasons 
therefor. 

Sec. 12. Nominations to fill vacancies occurring in the recess of 
the Legislature, shall be made by the Governor during the first ten 
days of its session ; and should any sucli nomination be rejected, the 
same person shall not again be nominated, during the session, to fill 
the same office. 

Sec. 13. During the session of the Legislature, the Governor shall 
reside where its sessions are held ; and at all other times at the capi- 
tal, except when, in the opinion of the Legislature, the public good 
may otlierwise require. 

Sec. 14. No person, holding the office of Governor, shall hold any 
other office or commission, civil or military. 



STATE OF TEXAS. 157 

Sec. 15. At tlietime of the election of a Governor, tliere shall also 
be elected by the qualified voters of the State, a Lieutenant Governor, 
possessing the same qualifications as the Governor, and who shall con- 
tinue in office for the same period of time. He shall, by virtue of hia 
office, be President of the Senate ; and shall have, when in committee 
of the whole, the right to debate and vote on all questions ; and, when 
the Senate is equally divided, to give the casting vote. In case of the 
death, resignation, removal from office, inability, or refusal of the 
Governor to serve, or of his impeachment or absence from the State, 
the Lieutenant Governor shall exercise the powers and authority ap- 
pertaining to the office of Governor, until another be chosen at the 
periodical election, and be duly qualified ; or until the Governor, im- 
peached, absent or disabled, shall be acquitted, returned, or his disa- 
bility be removed. 

Sec. 16. Whenever the Lieutenant Governor shall become the act- 
ing Governor, or shall be unable to preside over the Senate, that body 
shall elect from its own members a President for the time being. If, 
during the vacancy in the office of Governor, the Lieutenant Gover- 
nor shall die, resign, refu.se to serve, be removed from office, or be 
unable to serve ; or if he be impeached, or absent from the State, tho 
President of the Senate for the time being shall, in like manner, ad- 
Hiinister the government until he shall be superseded by a Governor 
or liieutenant Governor. The compensation of the Lieutenant Gover- 
nor shall be twice the per diem or pay of a Senator, and no more ; and, 
while acting Governor, the same compensation as a Governor would 
receive for a like period of service, in his office, and no more. Tho 
President of the Senate, for the time being, if called upon to admin- 
ister the government in any of the contingencies enumerated, shall be 
entitled to the portion of the salary of the Governor due for the time 
of such service. If the Lieutenant Governor, while acting Governor 
by succession, shall die, resign, or be absent from the State, during the 
recess of the Legislature, it shall be the duty of the Secretary of 
State to convene the Senate for the purpose of choosing a President of 
the Senate for the time being. 

Sec. 17. There shall be a Secretary of State appointed by the Gov- 
ernor, by and with the advice and consent of the Senate, who shall 
continue in office during the term of service of the Governor elect. 
He .shall keep a fair register of all official acts and proceedings of the 
Governor, and shall, when required, lay the same, with all papers, 
minutes and vouchers relative thereto, before the Legislature, or either 
House thereof, and shall perform such other duties as may be required 
of him by law. 

Sec. 18. There shall be a seal of the State, which shall be kept by 



158 CONSTITUTION OF THE 

tlie Governor and used by him officially. The seal shall be a star of 
five points, encircled by an olive and live oak branches, and the words, 
" The State of Texas." 

Sec. 19. All commissions shall be in the name and by the authority 
of the State of Texas, be sealed with the State seal, signed by the 
Governor, and attested by the Secretary of State. 

Sec. 20. There shall be a Comptroller of Public Accounts, elected 
by the qualified voters of the State, at the same time and in the same 
manner as the Governor is elected, and having the same qualifications, 
who shall hold his office for the term of four years. He shall super- 
intend the fiscal affiiirs of the State ; give instructions to the assessors 
and collectors of the taxes ; settle with them for taxes ; take charge 
of all escheated property ; keep an accurate account of all moneys 
paid into the treasury, and of all lands escheated to the State ; pub- 
lish annually a list of delinquent assessors and collectors, and demand 
of them an annual list of all tax-payers in their respective counties, 
to be filed in his office ; keep all the accounts of the State ; audit all 
the claims against the State ; draw warrants upon the treasury in favor 
of the public creditors, and perform such other duties as may be pre- 
Bcribed by law. 

Sec. 21. There shall be a Treasurer of the State, elected at the 
same time of the election of Governor, having the same qualifications 
as the Governor and Comptroller of Public Accounts, who shall hold 
his office for the same period of time. He shall receive and take 
charge of all public money paid into the treasury ; countersign all 
warrants drawn by the Comptroller of Public Accounts ; pay ott' the 
public creditors upon the warrant of the Comptroller of Public Ac- 
counts, and perform all such other duties as may be prescribed by law. 

Sec. 22. A Commissioner of the General Land Office shall be 
elected by the qualified voters of the State at the same time and in 
the same manner as the Governor, Comptroller of Public Accounts and 
Treasurer may be elected, who shall hold his office for a like period of 
time, and shall possess the same qualifications. He shall be the custo- 
dian of the archives of the land titles of the State ; the register of 
all land titles hereafter granted, and shall perform such other duties 
as may be required by law. 

Sec. 23. There shall be an Attorney General of the State, having 
the same qualifications as the Governor, Lieutenant Governor, Comp- 
troller of Public Accounts and Treasurer, who shall be appointed by 
the Governor, with the advice and consent of the Senate. He shall 
hold his office for tlie term of four years. He shall reside at the ia])i 
tal of the State during his term of office. He shall represent the iu- 



STATE OF TEXAS. 159 

terests of the State in all suits or plea? in tlie Supreme Court in which 
the State may be a party ; superintend, instruct and direct the official 
action of the district attorneys so as to secure all fines and forfeitures, 
all escheated estates, all public moneys to be collected by suit ; and he 
shall, when necessary, give legal advice in writing to all officers of 
the government, and perform such other duties as may be required by 
law. 

Sec. 24. The Secretary of State, Comptroller of Public Accounts, 
Treasurer, Commissioner of the General Land Office and Attorney 
General, shall each receive for his services the annual salary of three 
thousand dollars ; and which shall neither be increased nor diminished 
during liis continuance in office. 

Sec. 25. Every bill, which shall have passed both Houses of the 
Legislature, shall be presented to the Governor for his approval. If 
he approve, he shall sign it, but if he disapprove it, he shall return it, 
with his objections, to that House in which it originated ; which Plouse 
shall enter the objections at large upon the journals of the House, 
and proceed to reconsider it. If, after such reconsideration, two-thirds 
of the members present shall agree to pass the bill, it shall be sent 
with the objections to the other House, by which it shall likewise be 
reconsidered. If approved by two-thirds of the members present of 
that House, it shall become a law ; but, in such cases, both Houses 
shall determine the question by yeas and nays, with the names of the 
members respectively entered upon the journals of each House. If a 
bill shall not be returned by the Governor within five days (Sundays 
excepted) after it shall have been presented to him, it shall become a 
law in like manner as if he had signed it. Every bill presented to the 
Governor one day before the final adjournment of the two Houses, 
and not signed by him, shall become a law, and shall have the same 
force and effect as if signed by him. The Governor may approve any 
appropriation and disapprove any other appropriation in the same bill, 
by signing the bill, and designating the appropriation disapproved, 
and sending a copy of such appropriation, with his objections, to the 
House in which it originated ; and the same proceedings shall be liad 
on the part disapproved, as on other bills disapproved by him ; but if 
the Legislature shall have adjourned before it is returned, he shall 
return it, with his objections, to the Secretary of State, to be submit- 
ted to both Houses at the succeeding session of the Legislature. 

Sec. 26. Every order, resolution, or vote, in which the concurrence 
of both Houses shall be required, except the question of adjourn- 
ment, shall be presented to the Governor, and must be approved by 
him before it can take effect ; or, being disapproved, shall be re-passed 
in the manner prescribed in the case of a bill. 
7 



160 CONSTITUTION OF THE 



QUESTIONS ON THK EXECUTI\^ DEPARTMENT. 

What does tlie executive department consist of ? How and when is the Governor 
elected ? By whom arc the returns opened ? What provision is made for an elec- 
tion by the Legislature ? What is the Governor's term of office ? What about his 
legal age ? Ilis compensation ? Who is Commander-in-Chief of the State militia ? 
What about vacancies in the executive department ? What about the power of the 
Governor to convene the Legislature in extra session ? Who shall give information 
to the Legislature ? Whose duty is it to see that the laws are faithfully executed ? 
What is said about reprieves, pardons, fines and forfeitures ? Who nominates to 
fill vacancies in the recess of the Lei.'i>laturc ? What if rejected ? What other 
office may the Governor hold ? IIow and when is the Lieut-Governor elected ? 
What must be his qualifications ? What his duties, and term of office ? When may 
he exercise the functions of Governor ? Who is President of the Senate while the 
Lieutenant Governor is acting Governor ? What are his duties ? When may the 
Secretary of State convene the Legislature ? How is the Secretary of State ap- 
pointed ? What are his duties ? What about a seal of the State ? Commissions ? 
How is the Comptroller elected? What arc his duties? How is the Treasurer 
elected ? What are his duties ? What in reference to the Commissioner of the 
Land Office ? 15y whom is the Attorney General appointed ? What are his duties ? 
What arc the salaries of the executive officers ? Who approves bills after they have 
passed the Legislature ? In case the Governor does not choose to approve what 
right has he ? In case such acts as are not approved by the Governor are still passed 
by a two-thirds vote, what then ? In case a bill is not returned in five days after 
being sent to the Governor, what then ? 



ARTICLE V. 

JUDICIAL DEPARTMENT. 

Section 1. The Judicial power of this State shall be vested in one 
Supreme Court, in District Courts, and in such inferior courts and 
magistrates as may be created by this Constitution, or by the Legisla- 
ture under its authority. The Legislature may establish criminal 
courts in the principal cities within the State, with such criminal 
jurisdiction, co-exlcnsive with the limits of the county wherein Such 
city may be situated, and under such regulations as may be prescribed 
by law ; and the Judge thereof may preside over the courts of one or 
more cities, as the Legislature may direct. 

Sec. 2. The Supreme Court shall consist of three judges, any two 
of whom shall constitute a quorum. They shall be appointed by the 
Governor, by and with the advice and consent of the Senate, for a 
term of nine years. But the judges first appointed under this Consti- 
tution, shall be so classified by lot tliat the term of one of them shall 
ex])ire at the end of every three years. Tim judge whose term shall 
Hooiie.st expire shall be the i)rewidiiig judge. All vacancies shall be 
filled for the unexpired term. If a vacancy shall occur, or a torm 



STATE OF TEXAS, 1(31 

shall expire, wlien the Senate is not in session, the Governor shall fill 
the same by appointment, which shall be sent to the Senate within ten 
days after that body shall assemble, and, if not confirmed, the office 
shall immediately become vacant. 

Sec. 3. The Supreme Court shall have appellate jurisdiction only, 
which, in civil causes, shall be co-extensive with the limits of the 
State. In criminal causes no appeal shall be allowed to the Supreme 
Court unless some judge thereof shall, upon inspecting a transcript 
of the record, believe that some error of the law has been committed 
by the judge before whom the cause was tried ; provided, that said 
transcript of the record shall be presented within sixty days from the 
date of the trial, under such rules and regulations as shall be pre- 
scribed by the Legislature. Appeals from interlocutory judgments 
may be allowed, with such exceptions and vinder such regulations as 
the Legislature may prescribe. The Supreme Court and the Judges 
thereof, shall have power to issue the writ of habeas corpus, and uu 
der such regulations as may be prescribed by law, may issue the writ 
of mandamus, and such other writs as may be necessary to enforce its 
own jurisdiction. The Supreme court shall also have power to ascer- 
tain such matters of fact as may be necessary to the proper exercise 
of its jurisdiction. 

Sec. 4. The Supi eme Court shall hold its session annually at the 
capital of the State. 

Skc. 5. The Supreme Court shall appoint its own clerk, who shall 
hold his office for four years, unless sooner removed by the court for 
good cause, entered of record on the minutes of the court. The said 
clerk shall give bond in such manner as is now, or may hereafter be, 
required by law 

Sec. 6. The State shall be divided into convenient judicial districts, 
for each of which one judge shall be appointed by the Governor, by 
and with the advice and consent of the Senate, for a term of eight 
years, who shall, after his appointment, reside within the district, and 
shall hold a court three times a year in each county thereof, at such 
time and place as may be prescribed by law ; provided, that at the first 
general election after the 4th of July, 1876, the question shall be put 
to the people, whether the mode of election of judges of the Supreme 
and District Courts shall not be returned to. 

Sec. 7. The District Court shall have original jurisdiction of all 
criminal cases ; of all causes in behalf of the State to recover penal- 
ties, forfeitures and escheats ; and of all suits and cases in which the 
State may be interested ; of all cases of divorce ; of all suits to re- 



1G2 CONSTITUTION OF THE 

cover dama<j;es for slander or defamation of character ; of all suits for 
the trial of title to land ; of all suits for the enforcement of liens ; 
and of all suits, complaints and pleas whatever, without regard to any 
distinction between law and equity, when the matter in controvei'sy 
shall be valued at, or amount to one hundred dollars, exclusive of in- 
terest ; and the said courts and the judges thereof, shall have power 
to issue the writ of habeas corpus, and all other writs necessary to en- 
force their own jurisdiction, and to give them a general superinten- 
dence and control over inferior tribunals. The District Court shall 
also have appellate jurisdiction in cases originating in inferior courts, 
with such exceptions, and under such regulations, as the Legislature 
may prescribe. And the District Court shall also have original and 
exclusive jurisdiction for the probate of wills; for the appointing 
of guardians ; for tlie granting of letters testamentary and of admin 
istration ; for settling the accounts of executors, administrators and 
guardians ; and for the transaction of all business appertaining to the 
estates of deceased persons, minors, idiots, lunatics, and persons of 
unsound mind ; and for the settlement, partition and distribution of 
estates, under such rules and regulations as may be prescribed by law. 

Sec. 8. In the trial of all criminal cases, the jury trying the same 
shall find and assess the amount of punishment to be inflicted, or fine 
to be imposed, except in cases where the punishment of fine shall be 
specifically imposed by law ; proi'ided, that in all cases where by law 
it may be provided that capital punishment may be inflicted, the jury 
shall have the right, in their discretion, to substitute imprisonment to 
hard labor for life. 

Sec. 9. A clerk of the District Court for each county shall be elected 
by the qualified electors in each county, vvho shall hold his office for 
four years, subject to removal by the judge of said court for cause 
spread upon the minutes of the court. The said clerk shall exercise 
such powers, and perform such duties, appertaining to the estates of 
deceased persons, lunatics, idiots, minors, and persons of unsound 
mind, in vacation, as may be prescribed by law ; provided, that all 
contested issues of law or fact, shall be determined by the District 
Court. And the clerk of the district court shall be recorder for the 
county of all deeds, bonds and other instruments required by law to 
be recorded, and also ex officio clerk of the police or county court ; and 
by virtue of his office shall have control of the records, papers, and 
books of the district and county or police court, and shall generally 
perform the duties heretofore required of county and district clerks. 

Sec. 10. The judges of the Supreme and District Courts shall be 
removed by the Governor, on the address of two-thirds of the members 
elected to each House of the Legislature, for incompetency, neglect of 



STATE OF TEXAS. 163 

duty, or other reasonable causes, which are not sufficient ground for 
impeachment ; j^J'onded, however, that the cause or causes for which 
sucli removal shall be required, shall be stated at length in such ad- 
dress, and entered on the journals of each House ; and 'provided fur- 
ther, t\\a,l the cause or causes shall be notified to the judge so intended 
to be removed; and he shall be admitted to a hearing in his own de- 
fence, before any vote for such address shall pass. And in all such 
cases the vote shall be taken by yeas and nays, and entered in the 
journals of each House respectively. 

Sec. 11. No Judge shall sit in any case wherein he may be inter- 
ested, or where either of the parties may be connected with him, by 
affinity or consanguinity, within such degrees as may be prescribed by 
law, or where he shall have been of counsel in the case. When the 
Supreme Court, or a quorum thereof, shall be thus disqualified to hear 
and determine any case or cases in said court, by reason of the equal 
division of opinion of said judges, the same shall be certified to the 
Governor of the State, who shall immediately commission the requi- 
site number of persons learned in the law, for the trial and determina- 
tion of said case or cases. When a Judge of the District Court is 
thus disqualified, the parties may, by consent, appoint a proper person 
to try the case, and upon their failing to do so, the case shall be trans- 
ferred for trial to the county, in the adjoining district, whose coiinty 
seat is nearest to that of the county where the case is pending. Dis- 
trict Judges may exchange districts, or hold courts for each other, 
wlien they may deem it expedient, and shall do so when directed by 
law ; and when the District Judge is disqualified to try any case, or 
cases within his district, the Governor of the State, on such facts be- 
ing certified to him, may appoint some person, learned in the law, to 
try such case or cases, who shall receive such compensation as may be 
given by law. The disqualification of judges of inferior tribunals 
shall be remedied as prescribed by law. 

Sec. 12. There shall be a District Attorney elected by the qualified 
voters of each Judicial District, who shall hold his office for four 
years ; and the duties, salaries and perquisites of District Attorney 
shall be prescribed by law. 

Sec. 13. The Judges of the Supreme Court shall receive a salary 
of not less than four thousand five hundred dollars annually, and 
the Judges of the District Court, a salary of not less than three thou- 
sand five hundred dollars annually. And the salaries of the judges 
shall not be diminished during their continuance in office. 

Sec. 14. When a vacancy shall occur in the office of Judge of the 
District Court, at a time when the Senate is not in session, the Gover- 



1 64 CONSTITUTION OF THE 

nor sliall fill tlie same by appointment, which shall be sent to the 
Senate within ten days after that body shall assemble ; and if not 
confirmed, the ofBce shall immediately become vacant. 

Sec. 15. The Judges of the Supreme and District Courts shall, by 
virtue of their offices, be conservators of the peace throughout the 
Slate. The style of all writs and process shall be " The State of 
Texas." All prosecutions shall be carried on in the name and by the 
authority of the " State of Texas," and conclude, " against the peace 
and dignity of the State." 

Sec. 16. In all cases of law or equity, when the matter in contro- 
versy shall be valued at or exceed ten dollars, the right of trial by 
jury shall be preserved, unless the same shall be waived by the parties 
or their attorneys, except in cases where a defendant may fail to ap- 
pear and answer, within the time prescribed by law, and the cause of 
action is liquidated and proved by an instrument in writing. 

Sec. 17. Every criminal offence that may by law be punished by 
death, or in the discretion of the jury by imprisonment to hard labor 
for life, and every oifence that may by law be punished by imprison- 
ment in the State penitentiary, shall be deemed a felony, and shall 
only be tried upon an indictment found by a grand jury. But all 
offences of a less grade than a felony, may be prosecuted upon com- 
plaint, under oath, by any peace ofiTicer or citizen, before any justice of 
the peace or other inferior tribunal, that may be established by law ; 
and the party so prosecuted shall have the right of trial by a jury, to 
be summoned in such nuiuner as may be prescribed by law. 

Sec. 18. One sheriff for each county shall be elected by the quali- 
fied voters thereof, who shall hold his office for four years, subject to 
removal by the judge of the district court for that county, for cause 
spread upon the minutes of the court. Process against the sheriff, 
and all such writs as by reason of interest in the suit, or connection 
with the parties, or for other cause, the sheriff is incompetent to exe- 
cute, shall issue to and be executed by any constable in the county. 

Sec. 19. There shall be elected in each county, by the qualified 
voters thereof, as may be directed by law, five justices of the ])oacp, 
one of whom shall reside, after his election, at the county seat ; and 
not more than one of said justices shall be a resident of the same jus- 
tice's precinct. They shall hold their offices for four years, and should 
a vacancy occur in either of said offices, an election shall be held for 
the unexpired term. 

Sec. 20. Justices of the peace shall have such civil and criminal 
jurisdiction as shall be provided by law. And the justices of the 



STATE OF TEXAS. 165 

peace in each county, or any three of them, shall constitute a court, 
having such jurisdiction, similar to that heretofore exercised by county 
commissioners and police courts, as may be prescribed by law. And 
when sitting as such court the justice who resides at tlie county seat 
shall be the presiding justice. The times and manner of holding 
said courts shall be prescribed by law. Justices of the peace shall 
also be commissioned to act as notaries public. Justices of the peace 
shall also discharge all the duties of coroner, except such as by sec- 
tion twenty-one of this article are devolved upon constables. 

Sec. 21. Each county shall be divided into five justices' precincts ; 
and the justices of the peace in each county, sitting as a county court, 
shall appoint one constable for each justice's precinct, who shall hold 
his office for four years, subject to removal by said court for cause 
spread upon the minutes of the court; and said constables, or either 
of them, in addition to the ordinary duties of their office, shall dis- 
charge the duties of sheriff in all such cases as heretofore devolved 
those duties upon the coroner. 

Sec. 22. Sheriffs and justices of the peace shall be commissioned 
by the Governor. 

Sec. 23. Sheriffs, district clerks and justices of the peace, when 
acting as such, and when acting as a county court, shall receive 
such fees or other compensation as may be provided for by law. 

Sec. 24. All county and district officers, whose removals are not 
otherwise provided for, may be removed, on conviction by a jury, 
after indictment, for malfeasance, nonfeasance, or misfeasance in 
office. 

Sec. 25. In all cases arising out of a contract, before any inferior 
tribunal, when the amount in controversy shall exceed ten dollars, 
the plaintiff or defendant shall, upon application to the presiding 
officer, have the right of trial by jury. 

Sec. 26. In the trial of all cause? in the district court, the plain- 
tiff or defendant shall, upon application made in open court, have 
the riglit of trial by jury, to be governed by the rules and regula- 
tions prescribed by law. 

QUESTIONS ON THE JUDICIAL DEPARTMENT. 

In what is the judicial power of Texas vested ? How are criminal courts estab- 
lished ? IIow many judges of Supreme Court ? How appointed ? What term of 
office? Who Is presiding judge V How are vacancies filled ? What about appellate 
jurisdiction ? What is the writ of luibeas corpus, and how issued ? What in refer- 
ence to clerks of Supreme Court ? How are district judges appointed ? What are 
their terms of office ? When is the question as to election or appointment of dis- 
trict judges to be submitted to the people? What jurisdiction has the District 
Court ? In what cases has it original and exclusive jurisdiction ? In criminal cases 



IQQ CONSTITUTION OF THE 



ARTICLE VI. 

lUGIIT OF STTFFRAGE. 

Section 1. Every male citizen of the United States, of the age 
of twenty-one years and upwards, not laboring under disabilitiee 
named in this Constitution, without distinction of race, color or for- 
mer condition, who shall be a resident of this State at the time of 
the adoption of this Constitution, or who shall thereafter reside in 
this State one year, and in the county in which he offers to vote 
sixty days next preceding any election, shall be entitled to vote for 
all officers that are now, or hereafter may be elected by the people, 
and upon all questions submitted to the electors at any election ; 
provided, that no person shall be allowed to vote, or hold office, who 
is now, or hereafter may be disqualified therefor, by the Constitu- 
tion of the United States, until such disqualification shall be re- 
laoved by the Congress of the United States; provided, further, that 
no person, while kept in any asylum, or confined in prison, or who 
has been convicted of a felony, or who is of unsound mind, shall be 
allowed to vote or liold office. 

ARTICLE VII. 



Section 1. The Governor shall have power to call forth the 
lailitia to execute the laws of the State, to suppress insurrection and 
repel invasions. 

ARTICLE VIII. 

UrPEACIIMENT. 

Section 1. The power of impeachment shall be vested in the 
House of Representatives. 

■what are the duties and powers of the jury ? What about clerks of district courts ? 
What other positions does tlie clerk of tlie district court hold 1 IIow may judges 
be removed iiiul for what ? In what cases may a juili^e not preside 1 When judges 
are disqualilied or divided in opinion, what then? When may district judges ex- 
change ? What about district attorneys ? What is the salary of supreme judge ? 
When vacancies occur in district judgeships during a recess of the Senate, what 
then ? What are judges styled ? What about trial by jury ? IIow is felony to be 
tried? IIow are offences of a lower grade tried ? IIow are sheriffs elected ? What 
their duties and term of ofllce ? What about justices of the peace? What their 
jurisdiction and i)owers ? IIow are constables appointed? What their duties? 
How are constables !ii)pointed ? What their duties ? IIow are sheriffs and justices 
commissioned ? What are their fees of office ? How may county and district ofll 
ccrs be removed ? . 



STATE OF TEXAS. 167 

Sec. 2. Impeachment of the Governor, Attorney General, Secretary 
of State, Treasurer, Comptroller, and of the judges of the district 
courts, shall be tried by the Senate. 

Sec. 3. Impeachment of Judges of the Supreme Court shall be 
tried by the Senate. When sitting as a Court of Impeachment, the 
Senators shall be upon oath, or affirmation ; and no person shall be 
convicted without the concurrence of two-thirds of the Senators pres- 
ent. 

Sec. 4. Judgment, in cases of impeachment, shall extend only to 
removal from offict;, and disqualification from holding any office of 
honor, trust or profit under this State ; but the parties convicted shall, 
nevertheless, be subject to indictment, ti'ial and punishment, according 
to law. 

Sec. 5. All officers against whom articles of impeachment may be 
preferred, shall be suspended from the exercise of the duties of their 
office, during the pendency of such impeachment. The appointing 
power may make a provisional appointment to fill the vacancy occa- 
sioned by the suspension of an officer, until the decision on the im 
peachment. 

Sec. 6. The Legislature shall provide for the trial, punishment, and 
removal from office, of all other officers of the State, by indictment or 
otherwise. 

ARTICLE IX. 

public schools. 

Section 1. It shall be the duty of the Legislature of this State, to 
make suitable provision for the support and maintenance of a system 
of public free schools, for the gratuitous instruction of all the inhabi- 
tants of this State, between tlie ages of six and eighteen years. 

Sec. 2. There shall be a Superintendent of Public Instruction, who, 
after the first term of office, shall be elected by the people ; the first 
term of office shall be filled by appointment of the Governor, by and 
with the advice and consent of the Senate. The Superintendent shall 
hold his office for the term of four years. He shall receive an annual 
salary of two thousand five hundred dollars, until otherwise provided 
by law. In case of vacancy in the office of the Superintendent, it 
shall be filled by ai>pointment of the Governor, until the next general 
election. 

Sec. 3. The Superintendent shall have the supervision of the pub- 



168 CONSTITUTION OF THE 

lie free schools of the State, and shall perform such otlier duties con- 
cerning public instruction as the Legislature may direct. The Legis- 
lature may lay off the State into convenient school districts, and pro- 
vide for the formation of a board of school directors in each district. 
It may give the district boards such legislative powers, in regard to 
the schools, school houses, and school fund of the district, as may be 
deemed necessary and proper. It shall be the dutj- of the Superin- 
tendent of Public Instruction to recommend to the Legislature, such 
provisions of law as may be found necessary, in the progress of time, 
to the establishment and perfection of a complete system of educa- 
tion, adapted to the circumstances and wants of the people of this 
State. He shall, at each session of the Legislature, furnish that body 
with a complete report of all the free schools in the State, giving an 
account of the condition of the same, and the progress of education 
within Ihe State. Whenever required by either House of the Legis- 
lature, it shall be his duty to furnish all information called for, in re- 
lation to public schools. 

Sec. 4. The Legislature shall establish a uniform system of pub- 
lic free schools throughout the State. 

Sec. 5. The Legislature, at its first session, (or as soon thereafter as 
may be possible,) shall pass such laws as will require the attendance 
on the public free schools of the State of all the scholastic population 
thereof, for the period of at least four months of each and every year; 
provided, that when any of the scholastic inhabitants may be shown 
to have received regular instruction, for said period of time in each 
and every year, from any private teacher having a proper certificate 
of competency, this shall exempt them from the operation of the laws 
contemplated l)y this section. 

Sec. 6. As a basis for the establishment and endowment of t-aid 
public free schools, all the funds, lands, and other jiroperty heretofore 
set apart and appropriated, or that may hereafter be set apart and a])- 
])ropi'iated, for the support and maintenance of public schools, shall 
constitute the public school fund. And all sums of money that may 
come to this State" hereafter from the sale of any portion of the pub- 
lic domain of the State of Texas, shall also constitute a part of the 
public school fund. And the Legislature shall apj^ropriate all the 
proceeds resulting from sales of public lands of this State to such pub- 
lic school fund. And the Legislature shall set apart, for the benefit 
of public schools, one-fourth of the annual revenue derivable from 
general taxation ; and shall also cause to be levied and collected, an 
annual poll tax of one dollar, on all male persons in this State, be- 
tween the ages ot twenty-one and sixty years, for the benefit of pub- 



STATE OF TEXAS. 169 

lie schools. And said fund and the income derived tlierefrom, and tlie 
taxes herein provided for school purposes, shall be a perpetual fund, 
to be applied, as needed, exclusively for the education of the scholas- 
tic inhabitants of this State ; and no law shall ever be made appropri- 
ating such fund for any other use or purpose whatever. 

Sec. 7. The Legislature shall, if necessary, in addition to the in- 
come derived from the public school fund, and from the taxes for 
scliool purposes provided for in the foregoing section, provide for the 
raising of such amount by taxation, in the several school districts in 
the State, as will be necessary to provide the necessary school houses 
in each district, and insure the education of all the scholastic in- 
habitants of the several districts. 

Sec. 8. The public lands heretofore given to counties shall be un- 
der the control of the Legislature, and may be sold under such regu- 
lations as the Legislature may prescribe ; and in such case the pro- 
ceeds of the same shall be added to the public school fund. 

Sec. 9. The Legislature shall, at its first session, (and from time to 
time thereafter, as may be found necessary,) provide all needful rules 
and regulations for the purpose of carrying into effect the provisions of 
this article. It is made the imperative duty of the Legislature to see 
to it, that all the children in the State, within the scholastic age, are, 
without delay, provided with ample means of education. The Legis- 
latiire shall annually appropriate for school purposes, and to be equal- 
ly distributed among all the scholastic population of the State, the 
interest accruing on the School Fund, and the income derived from 
taxation for school purposes ; and shall, from time to time, as may be 
necessary, invest the principal of the school fund in the bonds of the 
United States Government, and in no other security. 

AETICLE X. 

LAND OFFICE, 

Section 1. There shall be one General Land Office in the State, which 
shall be at the seat of government, where all titles which have here- 
tofore emanated or may hereafter emanate from government, shall be 
registered ; and the Legislature may establish, from time to time, such 
subordinate offices as they may deem requisite. 

Sec. 2. That the residue of the public lands may be ascertained, it 
is declared that all surveys of land heretofore made, and not returned 
to the General Land Office, iji accordance with the provisions of an 
act entitled "An act concerning surveys of land," approved 10th Feb 
ruary, 1852, are hereby declared null and void. 



170 CONSTITUTION OF T II E 

Sec. 3. All certificates for land located after the SOtli day of Oc 
tober, 1856, upon lands which were titled before such location of 
certificate, are hereby declared null and void ; j^t'oi'idi'd, tliat in cases 
where the location, for the want of correct maps, or proper connection 
of surveys, is found to be in confiict with older surveys, wliether 
titled or not, such certificates may be lifted and re-located. 

Sec. 4. All unsatisfied genuine land certificates, now in existence, 
shall be surveyed and returned to tlie General Land Office by the first 
day of January, 1875, or be forever barred. 

Sec. 5. All public lands heretofore reserved for the benefit of rail- 
roads or railway companies, shall hereafter be subject to location and 
survey by any genuine land certificates. 

Sec. 6. The Legislature shall not hereafter grant lands to any 
person or persons, nor shall any certificates for land be sold at the 
Land Office, except to actual settlers upon the same, and in lots not 
exceeding one hundred and sixty acres. 

Sec. 7. All lands granted to railway companies, which have not 
been alienated by said companies, in conformity with the terms of 
their charters, respectively, and the laws of the State under which 
the gr-ants were made, are hereby declared forfeited to the State for 
the benefit of the school fund. 

Sec. 8, To every head of a family who has not a homestead, there 
shall be donated one hundred and sixty acres of land out of the ])ub- 
lic domain, upon the condition that he will select, locate and occupy 
the same for three years, and pay the office fees on the same. To all 
single men, twenty-one years of age, there shall be donated eighty 
acres of land out of the public domain, upon the same terms and con- 
ditions as are imposed upon the liead of a family. 

Sec. 9. The State of Texas hereby releases to the owner or owners 
of the soil all mines and mineral substances that may be on the same, 
subject to such uniform rate of taxation as the Legislature may im- 
pose. 

ARTICLE XL 

IMMIOnATION. 

Section 1. There shall be a Bureau, known as the " Bureau of Im- 
migration," which shall liave supervision and control of all ni attars 
connected with immigration. The head of this Bureau shall be styled 
the " Superintendent of Immigration." He shall be appointed by the 
Governor, by and with the advice and consent of the Senate. He shall 



STATE OF TEXAS. 171 

hold his office for four years, and until otherwise fixed by law, shall 
receive an annual compensation of two thousand dollars. He shall 
have such further powers and duties connected with immigration as 
may be given by law. 

Sec. 2. The Legislature shall have power to appropriate part of the 
ordinary revenue of the State for the purpose of promoting and pro- 
tecting immigration. Such appropriation shall be devoted to defraying 
the expenses of this Bureau, to the support of agencies in foreign sea- 
ports, or seaports of the United States, and to the payment in part or 
in toto of the passage of immigrants from Europe to this State, and 
their transportation within this State. 

ARTICLE Xn. 

GENERAL PROVISIONS. 

Section 1. Members of the Legislature, and all officers, before 
they enter upon tlie duties of their offices, shall take the following 
oath or affirmation : " I (A. B.,) do solemnly swear (or affirm) that I 
will faithfully and impartially discharge and perform all duties incum- 
bent on me as .according to the best of my skill and ability, and 

that I will support the Constitution and laws of the United States and 
of this State. And I do further swear (or affirm) that since the accep- 
tance of this Constitution by the Congress of the United States, I, be- 

QUESTIONS ON "RIGHT OF SUFFRAGE," "MILITIA," "IMPEAC'H- 
MENT," "PUBLIC SCHOOLS," "LAND OFFICE," AND "IMMI- 
GRATION." 

Who are entitled to vote in Texas ? What are the disqualifications 1 When may 
the Governor call out the militia ? Where is the power of impeachment vested ? 
For what officers shall the Senate he the court of impeachment ? What vote is re- 
quired to convict ? How far does judgment extend in such cases ? What effect 
do articles of impeachment have upon oiHcers pending the trial of such impeach- 
ment ? Who shall provide for the trial of all other officers except those mentioned ? 
Whose duty is it to provide for a system of common schools ? What about the Su- 
perintendent of Public Instruction ? His term of office, salary, duties, etc. ? What 
is said about compulsory attendance upon the schools ? What is made the basis for 
the endowment and establishment of the schools ? What about district taxa- 
tion for building school houses ? What about the public lands ? What is made the 
duty of the Legislature in reference to this ? What is the law in regard to the Land 
Office ? What surveys are declared void ? What certificates ? What about public 
lands heretofore reserved ? What is said in regard to the granting of lands hereafter ? 
What about lands heretofore granted to railway companies ? What is the law re- 
garding donations of land for homesteads ? To whom does the State release mines, 
etc. ? How shall the Bureau of Immigration be organized ? Who appoints the Su 
perintendent ? What are his duties ? How shall immigration be promoted ? How 
shall appropriations be devoted ? 



172 CONSTITUTION OF THE 

ing a citizen of tliis State, have not fouglit a duel with deadly weapons, 
or committed an assault upon any person with deadly weapons, or sent 
or acce])ted a challenge to fight a duel with deadly weapons, or acted as 
second in fighting a duel, or knowingly aided or assisted any one thus 
offending, either within this State or out of it; that lam not disquali- 
fied from holding office under tlie Fourteenth Amendment to the Con- 
stitution of the United States ; (or, as the case may be, my disaljility 
to hold office under the Fourteenth Amendment to the Constitution of 
the United States has been removed by act of Congress ;) and further, 
that I am a qualified elector in this State." 

Sec. 3. Laws shall be made to exclude from office, serving on juries, 
and from the right of suffrage those who shall hereafter be convicted 
of bribery, perjury, forgery, or other high crimes. The privilege of 
tree suffrage shall be supported by laws regulating elections, and ])ro- 
hibiting, under adequate penalties, all undue influence thereon, from 
power, bribery, tumult, or other improper practice. 

Sec. 3. Any citizen of this State, who shall, after the adoption of 
this Constitution, fight a duel with deadly weapons, or commit an as- 
sault upon any person with deadly weapons, or send or accept a chal- 
lenge to fight a duel with deadly weapons, either within this State or 
out of it, or who shall act as second, or knowingly aid and assist in 
any manner those thus offending, shall be deprived of the right of 
suffrage, or of holding any office of trust or profit under this State. 

Sec. 4. In all elections by the people, the vote shall be by ballot ; 
and in all elections by the Senate and House of Representatives, joint- 
ly or separately, the vote shall be given viva voce, except in the elec- 
tion of their officers. 

Sec. 5. The Legislature shall provide by law for the compensation 
of all officers, servants, agents and public contractors, not provided for 
by this Constitution ; and shall not grant extra compensation to any 
officer, agent, servant, or public contractor, after such public service 
shall have been performed or contract entered into for the performance 
of the same ; nor grant, by appropriation or otherwise, any amount of 
money out of the Treasury of the State to any individual on a claim, 
real or pretended, where the same shall not have been provided for 
by pre-existing law. 

Sec. 6. No money shall be drawn from the Treasury but in ]iur- 
suance of specific ap]iropriation made by law ; nor shall any api)ro- 
priation of money be made for a longer term than two years, except 
for purpo.ses of education ; and no appropriations for private or indi- 
vidual i)urposes or for purposes of internal improvement, shall be 
made, without the concurrence of two-thirds of both Houses of the 



STATE OF TEXAS. 173 

Legislature. A regular statement and account of the receipts and ex- 
penditures of all public money shall be published annually in such man- 
ner as shall be provided by law ; and in no case shall the Legislature 
have the power to issue " Treasury warrants," " Treasury notes," or 
paper of any description intended to circulate as money. 

Sec. 7. Absence on business of the State, or of the United States, 
shall not forfeit a residence once obtained, so as to deprive any one of 
the right of suffrage, or being elected or appointed to any office, un- 
der the exceptions contained in this Constitution. 

Sec. 8. The Legislature shall have power to provide for deductions 
from the salaries of public officers, who may neglect the performance 
of any duty that may be assigned them by law. 

Sec. 9. No member of Congress, nor person holding or exercising 
any office of profit or trust under the United States, or either of them, 
or under any foreign power, shall be eligible as a member of the 
Legislature, or hold or exercise any office of profit, or trust, under this 
State. 

Sec. 10. The Legislature shall provide for a change of venue in 
civil and criminal cases. 

Sec. U. It shall be the duty of the Legislature to pass such laws 
as may be necessary and proper, to decide differences by arbitration, 
when the parties shall elect that method of trial. 

Sec. 12. All civil officers shall reside within the State; and all dis- 
trict or county officers, within their districts or counties ; and shall 
keep their offices at such places therein as may be required by law. 

Sec. 13. General laws, regulating the adoption of children, eman 
cipation of minors, and the granting of divorces, shall be made ; but 
no special law shall be enacted relating to particular and individual 
cases. 

Sec. 14. The rights of married women to their separate property, 
real and personal, and the increase of the same shall be protected by 
law ; and married women, infants and insane persons, shall not be 
barred of their rights of property by adverse possession, or law of 
limitation, of less than seven years from and after the removal of 
each and all of their respective legal disabilities. 

Sec. 15. The Legislature shall have power, and it shall be their 
duty, to protect by law, from forced sale, a certain portion of the proper- 
ty of all heads of families. The homestead of a family, not to excc't^tl 
two hundred acres of land, (not included in a city, town or vill;i_: , ■>[■ 
any city, town or village lot, or lots, not to exceed five thousand del- 



1 74 CONSTITUTION OF THE 

lars in value, at the time of their designation as a homestead, and 
without reference to tlie value of any improvements thereon, shall not 
be subject to forced sale for debts, except they be for the purchase 
thereof, for the taxes assessed thereon, or for labor and materials ex- 
pended thereon ; nor shall the owner, if a married man, be at liberty 
to alienate the same, unless by the consent of the wife, and in such 
manner as may be prescribed by law. 

Sec. 16. The Legislature shall provide in what cases officers shall 
continue to perform the duties of their offices until their successors 
shall be duly qualified. 

Sec. 17. Every law enacted by the Legislature shall embrace but 
one object, and that shall be expressed in the title. 

Sec. 18. No law shall be revised or amended by reference to its 
title ; but, in such cases, the act revised, or section amended, shall be 
re-enacted and published at length. 

Sec. 19. Taxation shall be equal and uniform throughout the 
State. All property in the State shall be taxed in proportion to its 
value, to be ascertained as directed by law, except such property as 
two-thirds of both Houses of the Legislature may think proper to ex- 
empt from taxation. The Legislature shall have power to levy an in- 
come tax, and to tax all persons pursuing any occupation, trade or 
profession ; provided, that the term oocupatiou shall not be construed 
to apply to jjursuits either agricultui"il or mechanical. 

Sec. 20. The annual assessments made upon landed property shall 
be a lien upon the property, and interest shall run thereon upon each 
year's assessment. 

Sec. 21. Landed property shall not be sold for the taxes due there- 
on, except under a decree of some court of competent juri.sdiction. 

Sec. 22. Provisions shall be made by the first Legislature for the 
condemnation and sale of all lands for taxes due thereon ; and every 
five years thereafter of all lands the taxes upon which have not been 
paid to that date. 

Sec. 23. It shall be the duty of the Legislature to provide by law, 
in all cases where State or county debt is created, adequate means 
for the payment of the current interest, and two per cent, as a sinking 
fund for the redemption of the principal ; and all such laws shall be 
irrepealable until principal and interest are fully paid. 

Sec. 21. The Legislature shall, at the first session thereof, and 
may at any subsequent session, establish new counties for the con- 
venience of till- inhabitants of such new county or counties ; j^roDided, 



S T A T K OF TEXAS. 175 

that uo new county shall be established which shall reduce the county 
or counties, or either of them, from which it shall be taken, to a less 
area than nine hundred square miles, unless by consent of two-thirds 
of the Legislature ; nor shall any county be laid off of leas contents. 
Every new county, as to the right of suffrage and representation, shall 
be considered as part of the county or counties from which it was 
taken, until entitled by numbers, to the right of separate representa- 
tion. No new county shall be laid off with less than one hundred and 
fifty qualified jurors, resident at the time therein ; nor where the 
county (or counties) from which the new county is proposed to be 
taken, would thereby be reduced below that number of qualified 
jurors ; and in all cases where, from the want of qualified jurors, or 
other cause, the courts cannot properly be held in any county, it shall 
be the duty of the district judge to certify such fact to the Governor; 
and the Governor shall, by proclamation, attach such county, for 
judicial purposes, to that county the county seat of which is nearest 
the county seat of the county so to be attached. 

Sec. 25. Annual pensions may be provided for the surviving vet- 
erans of the revolution which separated Texas from Mexico, and for 
those permanently disabled in the service of the United States during 
the late rebellion, provided they entered the service from this State. 

Sec. 26. Each county in the State shall provide, in such manner as 
may be prescribed by law, a manual labor poor-house, for taking care 
of, managing, employing and supplying the wants of its indigent and 
poor inhabitants ; and, under such regulations as the Legislature may 
direct, all persons committing petty offences in the county may be 
committed to such manual labor poor house for correction and employ- 
ment. 

Sec. 27. All persons who, at any time heretofore, lived together as 
husband and wife, and both of whom, by the law of bondage, were 
precluded from the rites of matrimony, and continued to live together 
until the death of one of the parties, shall be considered as having 
been legally married ; and the issue of such cohabitation shall be 
deemed legitimate. And all such persons as may be now living to- 
gether in such relation shall be considered as having been legally 
married ; and the children, heretofore or hereafter, born of such co- 
habitations shall be deemed legitimate. 

Sec. 28. Justices of the peace shall assess the property in their 
respective precincts, vinder such laws as shall be provided and enacted 
by the Legislature ; and the sheriffs of the several counties of this 
State shall collect the taxes so assessed. 

Sec. 29. Provision shall be made, under adequate penalties, for the 



176 CONSTITUTION OF THE 

complete registration of all births, deaths and marriages, in every or- 
ganized county of this State. 

Sec. 30. Every person, corporation or company that may counnit a 
homicide through willful act or omission, shall be responsible in ex- 
emplary damages to the surviving husband, widow, heirs of his or her 
body, or such of them as there may be, separately and consecutively, 
without regard to any criminal proceeding that may or may not be had 
in relation to the homicide. 

Sec. 31. No minister of the gospel, or priest of any denomination 
•whatever, who accepts a seat in the Legislature, as Representative, 
shall, after such acceptance, be allowed to claim exemption from mili- 
tary service, road duty, or serving on juries, by reason of his said pro- 
fession. 

Sec. 32. The inferior courts of the several counties in this State 
shall have the power, upon a vote of two-thirds of the cjualified voters 
of the respective counties, to assess, and provide for the collection of 
a tax upon the taxable property, to aid in the construction of internal 
improvements ; provided, that said tax shall never exceed two per 
cent, upon the value of such property. 

Sec. 33. The ordinance of the Convention passed on the first day 
of February, A. D. 1861, commonly known as the ordinance of seces- 
sion, was in contravention of the Constitution and laws of the United 
States, and therefore, null and void from the beginning ; and all laws 
and parts of laws, founded upon said ordinance, were also null and 
void from the date of their jiassage. The Legislatures which sat in 
the State of Texas, from the eighteenth day of March, A. D. 1801, 
until the 6th day of August, A. D. 1860, had no constitutional author- 
ity to make laws binding upon the people of the State of Texas ; 'pro- 
vided, that this section shall not be construed to inhibit the authorities 
of this State from respecting and enforcing such rules and regulations 
as were prescribed by the said Legislatures, which were not in viola- 
tion of the Constitution and laws of the United States, or in aid of tho 
rebellion against the United States, or prejudicial to the citizens of 
this State who were loyal to the United States, and which have been 
actually in force or observed in Texas during the above period of 
time ; nor to affect, prejudicially, private rights which may have 
grown up under such rules and regulations ; nor to invalidate offi- 
cial acts, not in aid of the rebellion against the United States, 
during said period of time. The Legislature which assembled in 
the city of Austin on the 6th day of August, A. D. 1860, was pro- 
visional only, and its acts are to be respected only so far as Ihey 
were not in violation of the Constiiution and laws of the United 



STATE OF TEXAS. 177 

States ; or were not intended to reward those who participated in the 
late rebellion ; or to discriminate between citizens on account of race 
or color ; or to operate prejudicially to any class of citizens. 

Sec. 34. All debts created by the so-called State of Texas, from 
and after the 28th day of January, 1861, and prior to the 5th day of 
August, 1865, were, and are null and void ; and the Legislature is 
prohibited from making any provision for the acknowledgment or 
payment of such debts. All unpaid balances, whether of salary, per 
diem, or monthly allowance, due to employes of the State, who were 
in the service thereof, on the said 28th day of January, 1861, civil or 
military, and who gave their aid, countenance and support, to the re- 
bellion then inaugurated against the government of the United States, 
or turned their arms against the said government, thereby forfeited 
the sums severally due to them. All the ten per cent, warrants 
issued for military services, and exchanged during the rebellion, at 
the Treasury, for non-interest warrants, are hereby declared to have 
been fully paid and discharged ; provided, that any loyal person, or 
his or her heirs or legal representative, may, by proper legal pro- 
ceedings, to be commenced within two years after the acceptance of 
this Constitution by the Congress of the United States, show proof 
in avoidance of any contract made, or revise or annul any decree or 
judgment rendered, since the said twenty-eighth day of January, 
1861, when, through fraud practiced, or threats of violence used to- 
wards such persons, no adequate consideration for the contract has 
been received ; or when, through absence from the State of such per- 
son, or through political prejudice against such person, the decision 
complained of was not fair nor impartial. 

Sec. 35. Within five years after the acceptance of this Constitu- 
tion, the laws, civil and criminal, shall be revised, digested, arranged 
and published in such manner as the Legislature shall direct ; and a 
like revision, digest, and publication shall be made every ten years 
thereafter. 

Sec. 36. No lottery shall be authorized by this State ; and the 
buying and selling of lottery tickets within this State is prohibited. 

Sec. 37. No divorce shall be granted by the Legislature. 

Sec. 38. The duration of all offices, not fixed by this Constitution, 
shall never exceed four years. 

Sec. 39. No soldier shall, in time of peace, be quartered in the 
house or within the enclosure of any individual without the consent 
of the owner ; nor in time of war, but in a manner prescribed by 
law. 



178 CONSTITUTION OF THE 

Sec. 40. All sales of landed property, made under decrees of courts 
in this State shall be offered to bidders in lots of not less than ten, 
nor more than forty acres, except in towns or cities — including 
sales for taxes. 

Sec. 41. All civil officers of this State shall be removable by an 
address of two-thirds of the members elect to each House of the 
Legislature, except those whose removal is otherwise provided for 
by this Constitution. 

Sec. 42. The accounting officers of this State shall neither draw 
nor pay a warrant upon the treasury, in favor of any person for sal- 
ary or compensation, as agent, officer, or appointee, who holds at the 
same time any other office or position of honor, trust or profit, under 
the State or the United States, except as prescribed in this Constitu- 
tion. 

Sec. 43. The statutes of limitation of civil suits were suspended 
by the so-called act of secession of the 28th of January, 180 1, and 
shall be considered as suspended Avithin this State, until the acceptance 
of this Constitution by the United States Congress. 

Sec. 44. All usury laws are abolished in this State, and the Legis- 
lature is forbidden from making laws limiting the parties to contracts 
in the amount of interest they may agree upon for loans of money or 
other property ; provided, this section is not intended to change the 
provisions of law fixing rate of interest in contracts, where the rate 
of interest is not specified. 

Sec. 45. All the qualified voters of each county shall also be quali- 
fied jurors of such county. 

Sec. 46. It shall be the duty of the Legislature, after the adoption 
of this Constitution, to levy a special road tax upon the taxable prop- 
erty of all persons in this State, and appropriate the same to the build- 
ing of bridges and the improvement of public roads in the different 
counties in the State, under such rules and regulations as the Legisla- 
ture shall provide ; and no law shall be passed requiring the personal 
services of any portion of the people on public roads. 

Sec. 47. Mechanics and artisans of every class, shall have a lien 
upon the articles manufactured or repaired by them for the value of 
their labor done thereon, or materials furnislied therefor; and the 
Legislature shall provide by law for the speedy and efficient enforce- 
meni of said liens. 

Sec. 48. The Legislature may prohibit the sale of all intoxicating 
or spirituous liquors in the immediate vicinity of any college or semi- 
nary of learning ; provided, said college or seminary be located other 
than at a county seat or at the State capital. 



STATEOFTEXAS. 179 

Sec. 49. The Legislature shall give effect to the foregoing general 
provisions, and all other provisions of this Constitution, which require 
Legislative action, according to their spirit and intent, by appropriate 
acts, bills or joint resolutions. 

Sec. 50. The Legislature, whenever two-thirds of each House shall 
deem it necessary, may propose amendments to this Constitution ; 
which proposed amendments shall be duly published in the public 
prints of this State at least three months before the next general elec- 
tion of Representatives, for the consideration of the people ; and it 
shall be the duty of the several returning officers at the next general 
election which shall be thus holden, to open a poll for and make a re- 
turn to the Secretary of State of the names of all those voting for 
Representatives who have voted on such proposed amendments ; and 
if thereupon it shall appear that a majority of those voting upon the 
proposed amendments have voted in favor of such proposed amend- 
ments, and two-thirds of each House of the next Legislature shall 
after such election, ratify the same amendments by yeas and naya, 
they shall be valid to all intents and purposes as parts of this Consti- 
tution ; provided, that the said proposed amendments shall, at each of 
the said sessions, have been read on three several days in each House. 

QUESTIONS ON "GENERAL PROVISIONS." 

What oath is required of members of the Legislature and all other officers ? Who 
are excluded from holding office ? How shall free suffrage be supported? Whataboiif 
duels, challenges, etc. ? How shall the people vote ? Who shall provide for com- 
pensation of officers ? How shall money be drawn from the treasury ? How shall 
appropriations be made ? How often shall a statement of receipts and expendi- 
tures be published ? Shall treasury notes be issued to be used as money ? What is 
said about absence from the State ? What about deductions from salaries ? What 
about members of Congress or persons holding offices under U. S.? Who shall pro- 
vide for change of venue ? Who shall decide difference by arbitration, and how ? 
What about residence of officers ? What is said about general laws regulating the 
adoption of children, etc.? What in reference to married women's rights and the 
rights of children ? What regarding homestead and other exemptions ? Perfor- 
mance of official duties ? How many objects shall be expressed in one law ? 
How shall laws be revised ? What about taxation ? Tax liens ? How may landed 
property be sold for taxes ? What about interest and sinking fund of State and 
county debts ? What about new counties, their size, suffrage, jurors, etc. ? When 
and how may pensions be granted ? What is said regarding poor-houses ? Mar- 
riage aud legitimacy ? How shall property be assessed and taxes collected ? What 
about births, deaths, and marriages ? Damages for homicides ? Exemption of 
priests and ministers ? Tax for internal improvements ? What about secession 
and the laws founded thereon ? What is said about the debts created by Texas be- 
• tween 28th January, 1861, and August 5th, 1865 ? What about revision of laws ? 
What is the law regarding lotteries ? Divorces ? Terms of office not fixed by Con- 
stitution ? Removals from office ? When shall salaries not be paid ? When were 
the statutes of limitation suspended ? What about usury laws ? Who are qualified 
jurors ? What about road taxes, etc. ? Liens ? Sale of intoxicating liquors ? How 
shall effect be given to the provisions of this Constitution ? How may it be 
amended 5 



GENEI\AL REVIEW QUESTIONS. 

Answers to most of the following will be found in this book. An- 
swers to some are given below, and to the others can readily be found 
by the student. 

1. In what part of the United States is Texas ? 

2. What are its boundaries ? 

3. What its area 1 

4. What its principal rivers ? 

5. Towns? 

6. What its chief products ? 

7. What is the capital of Texas ? 

8. Where situated ? 

9. What latitude and longitude ? Ans. Lat. 30-16J^. Long. 97-44. 

10. When did it become the permanent capital ? 

11. Who was the first white discoverer of Texas ? 

12. Of what nation was he ? 

13. When was the government of Texas transferred from Spain to 

Mexico ? 

14. When did Texas become independent of Mexico? 

15. Who was Stephen F. Austin ? 

16. When did he first visit Texas ? 

17. When did he die ? 

18. Who was the first President of Texas ? 

19. Who the subsequent Presidents? 

20. What was the prevailing religion of Mexico? 

21. Was this religion forced upon the early settlers of Texaa? 

Ans. No. 

22. What is the eastern boundary of Texas ? 

23. What the western ? 

24. What the northern and southern ? 

25. What battle sealed the independence of Texas ? 

26. Wliere is the San Jacinto river ? 

27. What its length and where does it empty its waters? 

28. What town is near the battle-field of San Jacinto ? 



HISTORY OF TEXAS. 181 

29. Where is Galveston island ? 

30. What is its extent in length and breadth ?' 

31. What celebrated freebooter held his headquarters there in 1817 

to 1820 ? 
82. What is the name of the largest town in Western Texae ? 

33. Where is it situated? 

34. When and by whom founded ? 

35. Where is Jefferson, Texas ? 

36. Where Tyler ? 

37. Where Dallas ? 

38. Nacogdoches ? 

39. Waco? 

40. Houston? 

41. When did Texas become a State in the Union? 
43. Who was the first Governor ? 

43. Who the subsequent Governors ? 

44. How many counties has Texas ? 

45. When did Texas secede from the Union ? 

46. When did she return ? 

47. Give the exact time of each of these events. 

48. Name some of the oldest towns in Texas and the date of their 

' settlement. 

49. When was the first Constitution of the State of Texas adopted? 

50. When was the present Constitution adopted ? 

51. How many are in the Senate of Texas ? 

52. How many in the House of Representatives? 

53. What are the qualifications required of each ? 

54. Name the officers composing the executive department of 

Texas. 

55. The legislative department. 

56. The judiciary department. 

57. How often does the Legislature of Texas meet in regular ses- 

sion? 

58. How many Senators and Representatives in the U. S. Congress 

has Texas ? 

59. What is the general course of the rivers of Texas ? 

60. What part of Texas is most wooded ? Ans. Eastern Texas. 

61. Where are the prairie lands principally to be found ? Ans. In 

the western part of the State. 

62. Where is the Texas penitentiary ? 

63. Where is Huntsville? 

64. What part of Texas is most exposed to invasions from Indians ? 

Ans. The northwestern and western frontier. 

65. What Indians are most troublesome ? xins. The Comanches. 



182 HISTORY OF TEXAS. 

66. What is the number of this tribe ? Ans. They are supposed 

to have still five or six thousand warriors. 

67. What was the population of Texas in 1870 ? 

68. What is supposed to be its present population? 

69. What foreign countries are contributing most largely to the 

population of Texas ? Ans. Sweden and the German States. 

70. What is the area of Texas ? 

71. Then what its population to the square mile ? Ans. Between 

three and four persons. 

72. What is the area of New York State ? 

73. What is the population of New York State to the square mile? 

A)is. About eighty persons. 

74. How many would Texas accommodate at the same ratio ? 

75. What is the diflerence in time between Austin, Texas, and 

Washington, D. C. ? Ans. The time at Austin is one hour 
twenty two minutes and forty-three seconds slower than at 
Washington ; or in other words, when it is twelve o'clock M. 
at Austin, it is about twenty three minutes past one at Wash- 
ington. 

76. Explain this. 



APPEIDIX: 



BEING 



A COLLECTION OF EXTRACTS 



FROM THE 



\\^RITI]SraS and SI^EECHKS 



OF 



EARLY AND PROMINENT TEXANS. 



DESIGNED FOR READING AND DECLAMATION. 



4PPENDIX. 



From the Proclamation of Oen. Sam Houston, Commander-in-Chief, 
Dec. 12, 1835. 

"Citizens of Texas : Tour rights must be defended. The oppressors 
must be driven from our soil. Submission to the laws and union 
among ourselves will render us invincible ; subordination and disci- 
pline in our army will guarantee to us victory and renown. 

" Our invader has sworn to exterminate us or sweep us from the 
soil of Texas. He is vigilant in his work of oppression, and has or- 
dered to Texas ten thousand men to enforce the unhallowed purposes 
of his ambition. His letters to his subalterns in Texas have been in- 
tercepted, and his plans for our destruction are disclosed. Departing 
from the chivalric principles of civilized warfare, he has ordered 
arms to be distributed to a portion of our population for the purpose 
of creating in our midst a servile war. The hopes of the usurper 
were inspired by a belief that the citizens of Texas were disunited 
and divided in opinion : that alone has been the cause of the present 
invasion of our rights. He shall realize the fallacy of his hopes, in 
the union of our citizens, and in their eternal resistance to his plans 
against constitutional liberty. We will enjoy our birth-right or per- 
ish in its defence." 



From the Report of Thomas J. Busk, Secretary of War, relative to 
the battle of San Jacinto, April 26, 1836. 

" This glorious achievement is attributed not to superior force, but 
to the valor of our soldiers and the sanctity of our cause. Our army 
consisted of seven hundred and fifty effective men. This brave band 
achieved a victory as glorious as any on the records of history, and the 
happy consequences will be felt in Texas by succeeding generations. 
It has saved the country from a yoke of bondage, and all who partici- 



186 HISTORY OF TEXAS. 

pated in it are entitled to the special munificence of government, and 
the heartfelt gratitude of every lover of liberty. The sun was sink- 
ing in the horizon as the battle commenced, but at the close of the 
couHict the sun of liberty and independence rose in Texas, never, 
never to be obscured by the clouds of despotism. We have read deeds 
of chivalry, and perused with ardor the annals of war. We have 
contemplated with the highest emotions of sublimity, the loud roar- 
ing thunder — the desolating tornado — and the withering simoom of 
the desert ; but neither of these, nor all of them, inspired us with 
emotions like those felt on this occasion. The officers and men were 
actuated by a like enthusiasm. A general cry pervaded the ranks, 
and that cry was : " Remember the Alamo ! remember La Bahia ! "* 
These words electrified all. " Onward " was the cry. The unerring 
aim, and irresistible energy of the Texan army, could not be with- 
stood. It was freemen fighting against the minions of tyranny, and 
the result proved the inequality of the contest." 



From Mrs. Holly's History of Texas. 

A TEXAS PRAIRIE IN SPRING TIME. 

" It is impossible to imagine the beauty of a Texas prairie when 
in the vernal season its rich luxuriant herbage, adorned with many 
thousand flowers of every size and hue, seems to realize the vision of 
a terrestrial paradise. The delicate, gay and gaudy, are intermingled 
in delightful confusion ; and these fanciful bouquets of fairy Nature 
borrow ten-fold charms when associated with the verdant carpet of 
grass which modestly mantles around. 

One feels that Omnipotence has here consecrated in the bosom of 
Nature, and under Heaven's wide canopy, a glorious temple in which 
to receive the praise and adoration of the grateful beholder ; and cold 
indeed must be the soul from which no homage could here be elicited. 
Methinks the veriest infidel would here be constrained to bow and 
worship." 



" From " Letters from Texas." 

A PRAIRIE SUNSET. 

" You have doubtless often read of a sunset at sea, but I presume 
have never read of a sunset on the prairie. 

" Splendid as is the former, it does not eclipse the latter. When 

♦ La Bahio, the early name of Qoliad. 



APPENDIX. 187 

far away from home and kindred, upon the bosom of the mighty deep, 
I have sat and watched the orb of day as he slowly sank into his 
ocean bed, and thought the world could not afford another sight as 
beautiful. But when upon the wide prairie, night approaches the be- 
holder, and tlie dazzling, golden rays of the sun begin to redden ; 
and the mighty day-god lays aside his piercing appearance, and per- 
mits the eye of man to gaze upon him with impunity, then, indeed, 
the soul is filled with wonder at the sublimity of the scei^e. The 
gorgeous clouds form a rosy pathway for him to tread, as he walks 
downward into his bed of flowers and verdure. Around him float airy 
purple clouds, while beneath are otliers tinged with the richest of ver- 
milion. 

As he sinks slowly down, he resembles a huge ball of fire falling 
amidst the grass of the prairie. When at length the sun is hid for 
the night, the fleecy clouds float for a few moments beneath the azure 
sky, and then disappear. 

Then the bright silver stars come peeping forth, one after another, 
gladdening the eye with their twinkling light. Then comes up the 
full, round moon, attended by myriads more of bright stars, into the 
firmament already studded with these gems. Soon the light is sufii- 
ciently bright to enable the student to continue his labors by the 
moon's rays. He who is an admirer of the beauties of nature, cannot 
look upon a scene like this unmoved. The wide prairie which lies 
spread out on every side, is here and there relieved by a clump of 
trees, which serves to render the scene more enchanting. Poets 
have often sung of the beauty of Italian skies, but those who have 
seen both, pi-onounce ours equally beautiful. It does not appear to 
me possible that there can be a land more lovely than Texas." 



From President Houston's letter to Santa Anna in March, 1842. 

" You touchingly invite ' Texas to cover herself anew with the 
Mexican flag.' You certainly intend this as a mockery. You denied 
us the enjoyment of the laws under which we came to the country. 
Her flag was never raised in our behalf, nor has it been seen in Texas 
except when displayed in an attempt at our subjugation. We know 
your lenity — we know your mercy — we are ready again to test your 
powers. You have threatened to plant your banner on the banks 
of the Sabine. Is this done to intimidate us? Is it done to alarm 
us ? Or do you deem it the most successful mode of conquest ? If 
the latter, it may do to amuse the people surrounding you. If to 
alarm us, it will amuse those conversant with the history of your 
last campaign. If to intimidate us, the threat is idle. We have 



188 II I S T O E Y OF TEXAS. 

desired peace, — you have anuoyed our frontier, — you have harassed 
our citizons ; you have incarcerated our traders, after your commis- 
sioners had been kindly received, and your citizens allowed the 
privileges of commerce in Texas without molestation. 

" You continue aggression — you will not accord to ua peace. We 
vnll have it! You threaten to conquer Texas. We will war with 
Mexico. Your pretentions with ours you have referred to the world, 
and to the God of battles. We refer ours to the same tribunals. The 
issue involves the fate of nations. The event is known to the tribu- 
nal of heaven. If the experience of the past will authorize specu- 
lations of the future, the attitude of Mexico is more ' problematical ' 
than that of Texas." 



¥rom Oov. Smith's Address to the People of Texas. 

Executive Department, March, 1836. 
"TEXAS EXPECTS EVERY MAN TO DO IIlS DUTY." 

" Fellow Citizens of Texas : The enemy are upon us. A strong 
force surrounds the walls of the Alamo, and threatens that garrison 
with the sword. Our country imperiously demands the service of 
every patriotic arm, and longer to continue in a state of apathy will 
be criminal. Citizens of Texas ! descendants of Washington ! 
awake ! arouse yourselves ! ! The question is now to be decided, are 
we to continue freemen, or bow beneath the rod of military despot- 
ism ? Shall we, without a struggle, sacrifice our fortunes, our liber- 
ties, and our lives, or shall we imitate the example of our forefathers, 
and hurl destruction on the heads of our oppressors ? The eyes of 
the world are upon us ! All friends of liberty and the rights of 
man are anxious spectators of our conflict ; or are enlisted in our 
cause. Shall we disappoint their hopes and expectations "? No ! Let 
us at once fly to arms, march to the battle-field, meet the foe, and give 
renewed evidence to the world that the arms of freemen uplifted in 
defence of their liberties and rights are irresistible. ' Now is the day 
and now is the hour ' that Texas expects every man to do his duty. 
Let us show ourselves worthy to be free and we shall be free / " 



President Burnet's Proclamation to the People of Texas, June 20, 1836. 
" Citizens of Texas : The enemy are again preparing to invade our 
Boil. Intent on vengeance for their defeat, they have rallied another 
horde of miscreants, and hopi^ to accomplish by their hasty levies, a 
conquest which the utmost exertions of their favorite chieftain has 



APPENDIX. 189 

failed to effect, Urrea, the cold-blooded murderer of the gallant 
Fannin and his noble band, leads the returning vandal host, and 
threatens to exterminate all free-born Texans. Again, fellow citizens, 
you are called upon to rally to the standard of your country, to sus- 
tain the independence you have solemnly pronounced, and to preserve 
your homes, your domestic altars, and your sacred liberty from pollu- 
tion and enthrallment. The approaching army threatens to be more 
formidable than that you so lately and so gloriously vanquished on 
the plains of San Jacinto. But Texans ! what you have once done, 
you can do again. It is the peculiar property of true courage to rise 
in dignity, and in spirit, as the pressure of adverse circumstances 
increases ; to brighten in cheerfulness and resolution, as the storm 
lowers and gathers darkness. Let us exemplify as a people, this 
glorious property of the highest military attribute. Let every citi- 
zen of Texas repair with alacrity to his post. It is the sacred duty 
of every man who calls Texas his home, and who claims a proprie- 
tary interest in her soil, to stand forth in her defence, in this her 
hour of peril. Let none prove recreant. The trial of real patriotism 
is at hand. Action, prompt energetic action, is the best evidence of a 
patriot's zeal. Noisy and blustering words may deceive for a time, 
but right actions carry conviction to the mind. Let us realize that 
the ' best security for our families is to be found in a gallant bear- 
ing before the enemy.' The army is the best buckler we can throw 
around our wives and children. The contest is for life, liberty and 
independence. Let every man do his duty, and the glorious prize will 
be gloriously won." 



Houston to Santa Anna, March, 1843. 
" Then was presented to Texas the alternative of tamely crouch- 
ing to the tyrant's lash, or exalting themselves to the attributes of 
freemen. They chose the latter. To chastise them for their pre- 
sumption you advanced upon Texas with your boasted veteran army. 
You besieged and took the Alamo, but under what circumstances V 
Not surely those which should characterize a general of the nineteenth 
century. You assailed one hundred and fifty men destitute of every 
supply requisite for defense. Its brave defenders, worn down by con- 
stant vigilance, and unremitted duty, were at length overwhelmed by 
nine thousand men, and the place taken. I ask you, sir, what scenes 
followed ? Were they such as should characterize an able General, a 
magnanimous warrior, and the President of a great nation ? No I 
Manliness and generosity would sicken at the recital of the scenes in- 
cident to your success, and humanity would blush to class you among 
the chivalric spirits of the age of vandalism. This you are pleased 



100 HISTORY OF TEXAS. 

to class in the ' succession of your victories ;' and I presume you ^vould 
also include the massacre at Goliad. Your triumph there, if such you 
are pleased to term it, was not the triumph of arms, — it was the suc- 
cess of perfidy ! Fannin and his brave companions had beaten back 
and defied your veterans. Although outnumbered more than seven to 
one, their valiant, heiirly and indomitable courage, and holy devotion 
to the cause of freedom, had foiled every effort of your General to in- 
sure his success by arms. He had recourse to a flag of truce ; and 
■when the surrender of the little patriot band was secured by the most 
solemn treaty stipulations, what were the tragic scenes which ensued? 
The conditions of the surrender were submitted to you, and, though 
you have denied the facts, instead of restoring them to liberty accord- 
ing to the conditions of the capitulation, you ordered them to be exe- 
cuted, contrary to every pledge given them, contrary to the rules of 
war, contrary to every principle of humanity. Yet at this day you 
have the effrontery to animadvert upon the conduct of Texans relative 
to your captivity after the battle of San Jacinto." 



" THE FLAG OF THE LONE STAR." 

" It is universally believed in Georgia, that the flag of the lone star 
was the work of Miss Troutman, of Crawford county, Georgia, now 
Mrs. Pope, of Alabama ; and by her presented to the Georgia battalion, 
commanded by Lieut-Col. Ward. * * * 

'• It was of plain white silk, bearing an azure star of five points on 
either side. On one side was the inscription: "Liberty or DcatJi," 
and on the other, the appropriate Latin motto : " Uhi Libcrtas habitat 
ibi nostra i^atria est." 

" This flag was unfurled at Velasco on the 8th day of January, 
183G, and proudly floated on the breeze from the same liberty polg 
with the first flag of independence, which had just been brought 
from Goliad by the valiant Capt. ^^'illiam Brown, who subsequently 
did such daring service in the navy of Texas. * * * 

" On the meeting of the first Congress, the flag of the lone star 
was adopted as the national flag of the young Republic. 

" A correspondent of the Central Texian denies the claim of 
Georgia, and insists that the Jirst lone star flag ever unfurled in 
Texas, was presented by Mrs. Sarah R. Dodson to a company of vol- 
unteers raised in Ilarrisburgh, Texas, in 1835, and commanded by 
Capt. Andrew Robinson. The flag was a tri-color of white, red and 
blue. The star was white, five pointed, and set in a ground of red." 
— Texas Almanac for 186L 



APPENDIX, ' 19i 

THE STAR AND CUP. 

BY PRESIDENT LAMAR. 

" The second of March, the anniversary of the independence of 
Texas, was on one occasion celebrated in a grove in Washington 
county, and the rigid exclusion of wine was made a special feature of 
the rural banquet. The cup which circulated that day under our 
Lone Star,' was filled with the pure crystal water of tlie spring. 
Hence these lines and their title : 

" I love the bright Lone Star, that gems 

The banner of the brave ; 
I love the light that guideth men. 

To freedom or the grave. 
But oh ; there is a fairer Star 

Of pure and holy ray, 
That lights to glory's higher crown, 

And freedom's brighter day. 
It is the Star before whose beams. 

All earth should bow the kuee, — 
The Star that rose o'er Bethlehem 

And set on Calvary. 

" Let others round the festive board. 

The maddening wine cup drain ; 
Let others court its guilty joys. 

And reap repentant pain. 
But oh ! there is a sweeter cup. 

And be its raptures mine, 
Whose fragrance is the breath of life — 

Whose spirit is divine. 
It is the cup that Jesus filled; 

He kissed its sacred brim : 
And left the world to do the same 

In memory of Him." 



From the Texas Almanac, 1860. 

" We take the following interesting document from the State Ga- 
zette, and by it copied from the Texas Republican, published at Bra- 
zoria, dated January 13, 1836, It is sajd to be the only copy in ex- 
istence," 



192 HISTORY OF TEXAS. 

Extract from the concluding ^jari of a Declaration of Independence, 
made by the citizens of Goliad, Dec. 23, 1835. 

" Men of Texas : Nothing short of independence can place us upon 
solid ground. This step will. This step, too, will entitle us to con- 
fidence, and will procure credit abroad. Without it, every aid we re- 
ceive must emanate from the enthusiasm of the moment, and with the 
moment will pass away or die forever. Unless we take this step, no 
foreign power can either respect or even know us. None will haz- 
ard a rupture with Mexico, impotent as she is, or incur censure from 
other powers for interference with the internal affairs of a friendly 
State, to aid us in any way whatever. Our letters of marque and 
reprisal must float at the mercy of every nation. And whatever 
courtesy or kindly feeling may do, or forbear to do in aid of our strug 
gle pr<- secuted on the purest basis, it would be idle, and worse than 
childlike to flatter ourselves with the hope of any permanent benefit 
from this branch of the service, without declaring to the world as a 
people, our independence of military Mexico. Let us take the tyrant 
and his hirelings at their word. They will not know us but as ene- 
mies. Let us then hereafter know them as independent States know 
each other, — as " enemies in war — in peace, friends." Therefore, 

1. " Be it resolved, That the former province and department of 
Texas is, and of right ought to be, a free, sovereign, aixi independent 
State. 

2. "That as such it has, and ought to have, all the powers, facul- 
ties, tributes, and immunities of other independent nations. 

3. " That we, who hereto set our names, pledge to each other our 
lives, our fortunes, and our sacred honor, to sustain this declaration, 
relying with entire confidence on the co-operation of our fellow citi- 
zens, and the approving smiles of God, to aid and conduct us victori- 
ously through the struggle to the enjoyment of peace, union, and 
good government ; and invoking His maledictions if we should either 
equivocate, or in any tnanner whatever, prove ourselves unworthy of 
the high destiny at which we aim." 

Signed by Wm. G. Hill, J. T. Bkll, Ik.\ Inguam, and eighty-eight 
others. 



Frovi President Lamar's Message, November, 1840.* 

" Scarcely five years have elapsed since Texas, without money or 
arms, or any of the means of war, and with a population of less than 
forty thousand souls, first raised the standard of resistance to the des- 
* This long sentence will furnish a good exercise in reading or speaking. 



APPENDIX. 193 

potism and misrule of a government claiming the control of bound- 
less wealth, and of eight millions of inhabitants ; and yet, within that 
short period, and against such fearful odds, she has not only achieved 
and secured her independence beyond the reach of doubt, but has 
maintained a well organized government at home, established foreign 
relations abroad, more than quadrupled her population, and now ex- 
hibits to the world a country teeming with all that is essential to the 
necessities or happiness of man ; and this, too, without incurring a 
debt exceeding five millions of dollars including ever}' species of lia- 
bility both foreign and domestic. Can such a state of things as this 
produce gloom and despondency in the hearts of those whose indomi- 
table courage, and persevering resolves have achieved so much '' 

" Assuredly not — on the contrary we find in it abundant cause to 
felicitate ourselves on the almost magical change which in so short a 
time has already been produced, and every inducement to stimulate 
us in the pursuit of that policy which has thus far led to such fortu- 
nate results." 



Speech of Hon. D. 8. Kaufman welcoming M. De Saligny to the House 
of Representatives of Texas, November 17, 1840. 

" SiK : On behalf of the House of Representatives I welcome 
your presence in this hall. In you we recognize an ardent and de- 
voted friend of Texas ; and more than all, an able and faithful rep- 
resentative of that great and gallant nation, the very mention of 
whose name cannot fail to excite the liveliest emotions of gratitude 
in the bosom of every American. Your liberal and illustrious sovereign, 
Louis Philippe, always jealous of his country's honor and glory, has 
never yet evinced an envy of another nation's success. A monarchy 
herself, France has always been ready to extend to republics the 
right hand of fellowship. We have read and heard of her magnanim- 
ity to the United States when struggling with the gigantic power of 
Britain ; we have seen and felt her friendship towards us, when we 
were as yet unnoticed and unknown. She has taken us by the hand, 
and welcomed us into the family of nations. * * * 

To you, sir, as the pupil of the illustrious Lafayette, we feel much 
indebted for our elevated stand among the nations of the earth. You 
have spared no pains — you have left untried no exertions, to disabuse 
the European mind of unjust prejudice against our infant Republic. 
Go on, sir, in your friendly work. Republics are not ungrateful 
Texas will long remember with gratitude your friendship to the 
cause. 

" May the banners of the tri<olor and the lone &;'</;• always wave in 



194 II I S T O K Y OF TEXAS. 

friendship and in triumph ; and may the rude blasts of discord never 
disturb their peaceful folds ! In the name of the people of Texas, 
I greet you !" 



From a Speech of Hon. Forbes Britton, November 21, 1857. 
" Sir : come with me for a moment to the border dwelling. Do 
you see in the log cabin, that old, grey-headed man, who sits over the 
dying embers, his head bowed in sorrow. His hearthstone is bathed 
in tears, his lonely cottage is draped in mourning ; his stalwart boy, 
the prop and staff of his declining years, rests beneath yonder oak. 
In a paroxysm of hope, he raises his tearful eyes to the flag of his 
country; audit mocks his agony in its violated promises of j)rotection. 
That female form crouching by his side, wringing her hands in de- 
spair, has lost her husband, her idol, her joy. Lean forward and catch 
the almost inaudible sounds as they escape from her quivering lips, 
and you will hear the meek and submissive prayer: 'Thy will be 
done ou earth as it is in Heaven.' No marble slab tells the mourn- 
ful story, but look into their hearts, and you will find inscribed there : 
' My poor boy ! my husband !' Sir, this is the work of the scalping- 
knife. It is no idle picture — no ignis fatuus of the brain to lead off 
the imagination. No sir ; I speak what I knoic. It is true. There 
is not a returning season of spring that the lintels of our doors are 
not stained with the blood of our people. Then, sir, i~f it but save the 
life of one man, woman or child, give us the pittance we ask ! In the 
name of Justice, — in the name of Mercy,— 1 ask the passage of the 
bill." 



From the remarks of Chief Justice Ilemphill on the' announcement to 
the Supreme Court of the death of Gen. James Hamilton, 
December, 1857. 
"James Hamilton can never be forgotten ^y Texas, the hearts of 
whose people cannot disregard his great public services. Among all 
of her noble citizens, not one made greater sacrifices, or served the 
State with a purer or more earnest devotion. His body lies en- 
gulfed in the ocean ; but his name, his great deeds, his illustrious ex- 
ample, and the memory of his virtues, remain. His fame is burnished 
on the proudest page of history, and will endure as long as history 
itself shall survive. He was endowed with the finest social quali- 
ties. His was the heart to charm, and to be loved by all with whom 
he had intercourse. To the beautiful proprieties of his domestic re- 



APPENDIX. 195 

lations, the love, tenderness and affection, wliicli, as with a halo, en- 
circled his family, we can only allude. In the depth and anguish of 
their affliction, that circle is sacred, and shall not by us be invaded." 



From the Eulogy on the Death of Hon. James Webb, delivered by Hon. 
J. C. Wilson, November, 1856. 
" He is dead. A gentleman by nature, by culture, by association, 
but not by these alone. He would have been a gentleman anywhere, 
and under any circumstances. His patent of nobility was stamped 
upon the surface ; but better far, it was stamped upon the soul. He 
had the heart of a true man. It was a strong, brave and joyous 
heart ; cheerful, though scarred by disappointments and bereavements. 
Youthful and glowing, though it beat beneath the frosts of four and 
sixty winters. It was a feeling, generous, bold, manly heart ; and 
the man whose breast is warmed by such an one, — I care not where or 
how his lot be cast — is a nobleman of God Almighty's own making. 
That heart is cold and still. It will shed its genial warmth around 
the circle no more. No more shall we listen to his genial wit, or 
calm, unpretending wisdom, in the social gathering ; nor hear from 
him the full and fluent tide of learning in the forum. He is gone — 
the modest, gentle, and gifted — the wise and learned, the kind and 
true, has passed away from earth forever." 



From the Funeral Oration by President David G. Burnet over the re- 
mains of Gen. John A. Wharton, December, 18J58. 

" The keenest blade of the field of San Jacinto is broken. The 
brave, the generous, the talented John A. Wharton is no more. His 
poor remains lie cold and senseless before you, wrapped in the habili- 
ments of the grave, and awaiting your kind offices to carry them to 
the charnel house appointed to all the living. A braver heart never 
ceased its beating. A nobler soul, more deeply imbued with the 
spirit of patriotism, never passed from its tenement of clay to the 
more genial realms of immortality. * * * 

" Many princes of the earth have perished in their prime, sur- 
rounded with all the gorgeous splendor of wealth and power, and 
their country has suffered no damage, but surely it will be engraven 
upon the tablet of history that Texas, wept when John A. Wharton 
died. * * * 

He was among the first to propose the independence of Texas, 
and true to the frankness of his nature, he was foremost among those 



196 HISTORY OF TEXAS. 

who nobly bared their bosoms to the storm when the declaration 
which gave assurance to the world that a man-child was born into the 
family of nations, was pronounced. The brief time given us to lin- 
ger over his form is insufficient to recite the story of his gallantry. 
It is enough to know that he was distinguished upon the field of San 
Jacinto, — for there were no recreants there. All had strung their 
dauntless spirits to the high resolve of liberty or death ; and he who 
could be conspicuous on such a field, must be a hero — nay — a hero 
among heroes. *•«•*** You, gentlemen of the House of Rep- 
resentatives, are bereaved of one whose place it will be difficult to 
fill with equal endowments. The eloquent tongue is hushed. Those 
lips that never moved except under the inspiration of ' words that 
breathe and thowjhts that burn,'' are closed forever. No more shall 
these walls re-echo their thrilling tones. To you, soldiers, he was en- 
deared by many ties. ***** 

Behold your companion in arms, cold, silent, prostrate. No more 
shall the din of war arouse his martial spirit to deeds of high enter 
prise. That lifeless clay Avould heed it not, for the bright spirit 
which lately animated and adorned it, has passed triumphantly be- 
yond the narrow boundary of mortal strife to that blessed region 
where ' wars and rumors of wars ' are never heard." 



From Pease's History of Texas. Extract from an Address Delivered 
by Stephen F. Austin, in Louisville, Ky., March, 1836. 

* * * * " When a people consider themselves compelled by 
circumstances or by oppression, to appeal to arms and resort to their 
natural rights, they necessarily submit their cause to the great tribu- 
nal of public opinion. The people of Texas, confident in the justice 
of their cause, fearlessly and cheerfully appeal to this tribunal. In 
doing this, the first step is to show, as I trust I shall be able by a 
succinct statement of facts, that our cause is just, and is the cause 
of light and liberty ; the same holy cause for which our forefathers 
fought and bled ; the same cause that has an advocate in the bosom 
of every freeman, no matter in what country, or by what people it 
may be contended for. ****** 

" The emancipation of Texas will extend the principles of self- 
government over a rich and neighboring country, and open a vast 
field there for enterprise, wealth and liappiness ; and for those who 
wish to escape the frozen blasts of a Northern climate, by removing 
to a more congenial one. It will promote and accelerate the marcli 
of the present age, for it will open a door through which a bright 
and constant stream of light and intelligence will flow from this great 
northern fountain over the benighted regions of Mexico." * * * « 



APPENDIX. 197 

[The following poem is from the pen of Col. R. M. Potter, first 
Secretary of the Navy of the Republic of Texas. It has often been 
incorrectly published. It was furnished by the author in his own 
handwriting to the publisher from whom I obtained it.] 



"HYMN OP THE ALAMO." 

'Arise ! man the wall — our clarion blast 
Now sounds its final reveille, — 
This dawning morn must be the last 
Our fated band shall ever see. 
To life, but not to hope, farewell. 
Yon trumpet's clang and cannon's peal. 
And storming shout and clash of steel, 
Is ours, — but not our country's knell. 

Welcome the Spartan's death — 

'Tis no despairing strife — 

We fall — we die —but our expiring breath 

Is freedom's breath of life. 

' Here on this new Thermopylae, 
Our monument shall tower on high. 
And, Alamo, hereafter be 
On bloodier fields the battle cry ; — 
Thus Travis from the rampart cried ; 
And when his warriors saw the foe 
Like whelming billows move below, — 
At once each dauntless heart replied, . 

Welcome the Spartan's death — 

'Tis no despairing strife — 

We fall, but our expiring breath 

Is freedom's breath of life. 

" They come — like autumn leaves they fall. 
Yet hordes on hordes they onward rush, 
With gory tramp they mount the wall, 
Till numbers the defenders crush. 
The last was felled the fight to gain. 
Well may the ruffians quake to tell 
How Travis and his hundred fell, 
Amid a thousand foemen slain. 

They died the Spartan's death, — 

But not in hopeless strife : 

Like brothers died — and their expiring breath 

Was freedom's breath of life." 



11)8 HISTORY OF TEXAS. 

From the Valedictory Address of Anson Jones, President of the Re- 
public of 2'e.vas, Delivered npon the occasion of the Inaugu- 
ration of the neiD State Government, February 19, 1846. 
" The great measure of annexation so earnestly discussed is hap- 
pily consummated. The present occasion so full of interest to us and 
to all the people -of this country is an earnest of that consummation ; 
and I am happy to greet you, their chosen representatives, and to ten- 
der to you my cordial congratulations on an event the most extraordi- 
nary in the annals of the world — one which makes a bright triumph 
in the history of republican institutions. A government is changed 
both in its officers and in its organization — not by violence and disor- 
der, — but by the deliberate and free consent of its citizens ; and amid 
perfect and universal peace and tranquillity, the sovereignty of the 
nation is surrendered, and incorporated with that of another. 
********* 

" The Lone Star of Texas, which ten years since arose amid clouds, 
over fields of carnage, and obscurely seen for a while, has culminated, 
and following an inscrutable destiny, has passed on and become fixed 
forever in that glorious constellation w-hich all freemen and lovers of 
freedom in the world, must reverence and adore — the American Union. 
Blending its rays with its sister States, long may it continue to shine, 
and may generous Heaven smile upon this consummation of the 
wishes of the two Republics now joined in one. May the Union be 
perpetual, and may it be the means of conferring benefits and bless- 
ings upon the people of all the States, is my ardent prayer. 

" The first act in the great drama is now performed. The Repub- 
lic of Texas is no more." 



From the Report of tlie Committee on Foreign Relations to the Senate 
of the Republic of Texas, January 20, 1845. 

" The annexation of Texas to the United States, already so em- 
phatically willed by the people of both countries, will, when cour 
summated, be among the most interesting events recorded in the annals 
of history. It will stand without a parallel in political changes. It is 
true that the chronicles of nations are full of the change of govern- 
ments, of the extension of empire, of the partition of the weaker 
among the stronger powers ; but this will be the first instance where 
a few sovereign and independent people will have merged their gov- 
ernment in another by their own free w-ill and consent. 

Other nations have lost their separate and independent existence, 
but tliey have fallen before the bloody car of conquest ; and liave 
been appropriated as the successful ppoils of ambition. They have 



APPENDIX. 199 

only cluinged masters, and in too many instances, have had substi- 
tuted a more intolerable despotism than that which preceded it. But 
here, how different will be the change — how incomparably different 
must be the results : Our weakness will become strength : — our dan- 
ger, safety — and desolation of heart will be supplanted by smiles of 
joy. In this change there will be no compulsion ; — no force — no rapa- 
city — no desire for aggrandizement : nothing but the stern determina- 
tion peculiar to, and characteristic of, freemen, to extend the area of 
rational liberty ; to render more dui'able republican institutions ; and 
to perpetuate the glory of the American name. Who would not ex- 
ult in the appellation of an American citizen ? 

" What country is there contiguous to the United States, that would 
not rejoice to share the benefits, the privileges and the protection of 
that government ? 

" Would not the incorporation of Texas into the American Union 
be preferable to the tardy, the uncertain, and the hazardous experi- 
ment of building up a new government, burdened with debt, and 
possessed of peculiar domestic institutions which invite the improper 
interference and misplaced philanthropy of the world ? 

Ought the restoration of the mutilated province of Louisiana be 
longer delayed, when Providence, by a peculiar and most extraordi- 
nary series of erents, seems to have pointed out the easy means of 
frustrating the designs of men — or at least their bad counsels ? The 
imbecility of Spain — the anarchy of Mexico, the daring attempt of 
Santa Anna to destroy the Constitution of the country, the resistance 
and bravery of the people of Texas, the carnage of San Jacinto, and 
the enlightened j udgment of the people of the United States, have 
all admirably conspired to bring about that restoration. ' What God 
hath joined together, let not man put asunder.' Texas is a part of 
the great valley of the Mississippi. Her people are the people of the 
United States ; and although separated for a while from her natural 
allies, the time is at hand when the error will be remedied, and the 
' lost pleiad ' return again to its native sky." 



The author's only apology for inserting the following little poem 
is its appropriateness to the subjects treated of in this volume. 

D. W. C. B. 

THE "LONE STAR" OF TEXAS. 

Black was the night that brooded o'er the land. 
Sombre the clouds that walked athwart the sky. 

Chilly the winds that whistled o'er the yjlain ; 
But stout the hearts that beat unitedly. 

9 



200 HISTORY OF TEXAS. 

That niglit was Despotism's darkest hour, — 

Those clouds and winds, the foes which gathered near ; 

Stout hearts might well dismayed in terror cower ; 
But those were Texan hearts that knew no fear. 

See — ^j ust above th' horizon's farthest edge 

A lone star rises in the gloomy night ; 
Dimly, and tremblingly, its rays are seen 

Shining through cloud-rifts, or concealed from sight ; 
Faintly it glimmers o'er the Alamo — 

Redly it gleams above Jacinto's field, — 
Higher it rises — now brave hearts, rejoice — 

'Tis fixed in beauty on Heaven's azure shield. 

Lovers of liberty, — where'er ye dwell ! 

Foes of oppression, — be ye far or near ! 
Hearts that with sympathy for freemen swell 1 

Ye who the name of Washington revere ! 
Behold that star ! — the peer of all around. 

Blazing from out united stars 'tis seen — 
A " lone star " free, — now free amid the free. 

Unchanged, undimmed, unclouded and serene. 



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Davies' Legendre's Geometry.— Acknowledged A'i«<w»/ysatl8fhctory treatise 

of its grade. :M),000 copies have been sold. 
Davies' Analytical Geometry and Calculus.— The shorter treatises, 

combined in one volume, are more available for Americjin courses of study. 
Davies' Analytical Geometry. I The original compondiums, for those de- 
Davieg' Difi*. & Int. Calculus. ' siring to give full time to each branch. 
Davies' Descriptive Geometry.— With application to Spherical Trigonomo- 

tr>', Sphi^rical Piojections, and Warped Surfaces. 
Davies' Shades, Shado'ws, and Perspective.- A succinct exposition of 

the mathematical principles involved. 
Davies' Science of Mathematics.- l^or teachers, embracing 

I. OuAMMAii OP Arithmetic, III. I.ooio and UrrLiTY op Mathematics, 

II. Outlines or Matuematics, IV. Mathematical Dictionary. 



KETB MAY BE OBTAINED mOM THE rUDLISnEBB 

BY TEACHERS ONLY. 



THE WORMAH SERIES IN MODE RN LANGUAeE. 

A Complete Course in German. 

By JAMES H. WORMAN, A.M. 

KSfBRACIKa 

GrEJRM-A-N READER, 
GS-KRM:A:sr C0I*Y-B00K!=:, GER]VIA.ISr ECHO. 

IN PBEPAKATION, 

HISTORY OF g^erm:^.?^ l,itera.txjre, 

GERMiAlSr AJSCD ENGLISH LEXICOIST. 

I. THE GERMAN GRAMMARS of Worman are widely preferred on ac- 
count of their clear, explicit method (on the conversation plan), introducing a system 
of aniiogy and comparison with the learners' own language and others commonly 
studied. 

Thj arts of speaking, of understanding the spoken language, and of correct pronun- 
ciation, are treated with great success. 
The new classiflcatious of nouns and of irregular verbs are of great value to the 

Eupil. The use of heavy type to indicate etymological changes, is new. The Vocabu- 
iry is synohymical — also a new leature. 

II. WORMAK'S GERMAN READER contains progressive selections 
from a wide range of the very best German authors, including three complete plays, 
which are usually purchased in separate form for advanced students who have com- 
pleted the ordinary Header. 

It has Bio:Traphies of eminent authors. Notes after the text. References to all Ger- 
man Grammars in common use, and au adequate Vocabulary ; also. Exercises for 
translation into the German. 

III. WORMAX'S GERMAN ECHO (Denfsches Echo) is entirely a new 
thing in this country. It presents familiar colloquial exercises without translation, 
and will teach tluent conversation in a few months of diligent study. 

No other method will ever make the student at home in a foreign language. By this 
he thinks in, as well as speaks it. For the time being he is a German through and 
through. The laborious process of translating his thoughts no longer impedes free 
unembarrassed utterance. 



f ORMAFS COMPLETE FRENCH COURSE 

IS INAUGUKATED BT 

Ij'±3CI3:0 IDE I>-A-I^IS, 

Or, "French Echo;" on a plan identical with the Grcrman Echo described above. 
This will be followed in due course by the other volumes of 

THE ereistch: series, 

Yiz. : 
A COMFIETE GRAMMAR, \A ERENCH READER, 

AN ELEMENTARY GRAMMAlt, \ A FRENCH LEXICON, 
A HISTORY OF FRENCH LITERATURE. 



"WORMAN'S WORKS 

are adopted as fast as published by many of the best institutions of the country. In 
completeness, adaptation, and homogeneity for consistent courses of instruction, they 

are simply 

X7IVRIVAIL.13r>. 



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